Emirates coming to YYZ!
Just posted at the CTA government website, Canada has just given Emirates Airlines permission to begin selling seats from Canada (presumably YYZ) to Dubai....flights effective Oct 28....this while they are waiting to get their Canadian license....this almost certainly means that a new "Blue Skies" agreement with the UAE is forthcoming.....the addition of EK will be big news at Pearson....
Order No. 2007-A-176
May 29, 2007
IN THE MATTER OF an exemption from section 59 of the Canada Transportation Act, S.C., 1996, c. 10, to permit Emirates to sell, cause to be sold or publicly offer for sale in Canada a scheduled international service between the United Arab Emirates and Canada.
File No. M4212/E217-4
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Emirates (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on May 17, 2007.
Section 59 of the Canada Transportation Act (hereinafter the CTA) prohibits an applicant from selling, causing to be sold or publicly offering for sale in Canada an air service without holding a licence in respect of that service. The applicant has applied for a scheduled international licence to operate a service between the United Arab Emirates and Canada. However, as the application is not yet complete, an exemption from the application of section 59 of the CTA is necessary in order to allow the applicant to sell, cause to be sold or publicly offer for sale in Canada the proposed air service prior to obtaining the applied for licence.
The applicant states that it proposes to start operating its service between the United Arab Emirates and Canada on October 28, 2007 and that it is in the process of obtaining a Canadian Foreign Air Operator Certificate issued by Transport Canada which is required to complete the licence application. Consequently, the applicant submits that in order for the proposed service to be viable, it must be able to offer for sale the service at the earliest possible date.
The Agency has carefully reviewed and considered the application and is of the opinion that in order for the proposed service to be viable, the applicant must be able to offer for sale seats at the earliest possible date. Therefore, the Agency finds that compliance by the applicant with section 59 of the CTA is impractical in the present circumstances.
Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby exempts the applicant from the application of section 59 of the CTA, thereby permitting the applicant to sell, cause to be sold or publicly offer for sale in Canada a scheduled international service between the United Arab Emirates and Canada, effective from the date of this Order, without holding the required licence, subject to the following conditions:
1. All passengers shall be notified, before reservation, that the international scheduled service is subject to government approval. All future advertising in any media, whether in writing or by telecommunication, shall also include this information.
2. The applicant shall apply its published tariffs, on file with the Agency and in effect, to sales of transportation.
3. The exemption authorized herein does not relieve the applicant from the requirement to hold a licence in respect of the service to be provided and, accordingly, no flights shall be operated until the appropriate licence authority has been granted.
4. The applicant shall arrange to provide alternative air transportation by an appropriately licensed air carrier, at no additional cost for all passengers who have made reservations with the applicant, or, if such arrangements are not possible or acceptable to the passenger, to provide a full refund of all monies paid by the passenger, should the international scheduled licence not issue.
The exemption granted herein does not exempt the applicant from the requirements of other legislative acts or regulations, including those of Transport Canada.