LOT Polish Airlines has applied to the Canadian Transportation Agency for approval to use 2 Air Belgium Airbus A340-300, as part of a wet-lease, on the route from Warsaw Chopin, Poland to Toronto Pearson, Canada from 24 December 2019 until 24 October 2020.
APPLICATION by Polskie Linie Lotnicze LOT SA (LOT Polish Airlines SA) (LOT Polish), on behalf of itself and Air Belgium SA (Air Belgium), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
LOT Polish, on behalf of itself and Air Belgium, has applied to the Canadian Transportation Agency (Agency) for an approval to permit LOT Polish to provide its scheduled international service between Warsaw, Poland, and Toronto, Ontario, Canada, using two aircraft with flight crew provided by Air Belgium, beginning on December 24, 2019, to October 24, 2020.
As the application was filed less than 15 days before the first planned flight, as required by subsection 8.2(2) of the ATR, an exemption from the application of this provision is necessary. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(l)(c) of the CTA, exempts LOT Polish from the application of subsection 8.2(2) of the ATR.
LOT Polish is licenced to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.
The Agency has considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by LOT Polish of aircraft with flight crew provided by Air Belgium, and the provision by Air Belgium of such aircraft and flight crew to LOT Polish, to permit LOT Polish to provide its scheduled international service on licenced routes between Warsaw, Poland, and Toronto, Ontario, Canada, using two aircraft and flight crew provided by Air Belgium, beginning on December 24, 2019, to October 24, 2020.
This approval is subject to the following conditions:
- LOT Polish shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by LOT Polish. Air Belgium shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
- LOT Polish and Air Belgium shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5), and 8.2(6) of the ATR.
- LOT Polish shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- LOT Polish and Air Belgium shall advise the Agency in advance of any changes to the information provided in support of the application
December 23, 2019