EPE SPA Air Algérie carrying on business as Air Algérie, on behalf of itself and Hi Fly Ltd. carrying on business as Hi Fly Malta - approval pursuant to section 60 of the CTA[...]

APPLICATION by EPE SPA Air Algérie carrying on business as Air Algérie (Air Algérie), on behalf of itself and Hi Fly Ltd. carrying on business as Hi Fly Malta (Hi Fly), pursuant to section 60 of the Canada Transportation Act, SC 1996, c 10 (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58 (ATR).

Air Algérie, on behalf of itself and Hi Fly, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Algérie to provide its scheduled international service between Canada and Algeria using one aircraft with flight crew provided by Hi Fly, beginning on December 14, 2023, to January 15, 2024.

Air Algérie has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 15 days before the first planned flight. 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(1)(c) of the CTA, exempts Air Algérie from the application of subsection 8.2(2) of the ATR.

Air Algérie is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the People's Democratic Republic of Algeria, initialled on July 5, 2006.

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 Air Algérie of one aircraft with flight crew provided by Hi Fly, and the provision by Hi Fly of such an aircraft and flight crew to Air Algérie, to permit Air Algérie to provide its scheduled international service on licensed routes between Canada and Algeria using an aircraft and flight crew provided by Hi Fly, beginning on December 14, 2023, to January 15, 2024.

This approval is subject to the following conditions:

1. Air Algérie shall continue to hold the valid licence authority.
2. Commercial control of the flights shall be maintained by Air Algérie. Hi Fly shall maintain operational control of the flights and shall receive payment based on the rental of an aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
3. Air Algérie and Hi Fly 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.
4. Air Algérie shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
5. Air Algérie and Hi Fly shall advise the Agency in advance of any changes to the information provided in support of the application.