[2017] 2 F.C.R. D-11
Transportation
Appeal from Canadian Transportation Agency decision (Decision No. 100-A-2016) determining that resellers not operating “air service” as defined in Canada Transportation Act, S.C. 1996, c.10 (Act), s. 55(1) so long as resellers not holding themselves out to the public as air carriers operating air service — As such, resellers not required to hold air licence — Appellant arguing decision unreasonable, Agency exceeding its jurisdiction — Agency’s interpretation of s. 55(1) based on textual, contextual, purposive analysis — Noting, inter alia, that Act, s. 59 not requiring a person selling an air service to be a licensee — Parliament intending that selling air service to public not equating to operating air service, notwithstanding that resellers exercising commercial control over air service — Agency reasonably interpreting Act — Act, ss. 65, 66, relied upon by appellant, remedial provisions — Not unreasonable for Agency to interpret Act to effect that these remedial provisions directed to licensee in reselling arrangement, even if reseller controlling fares, schedules — Nothing in Act expressly requiring that licensee control matters such as fares, routes, schedules — Licensed air carriers regulated under Act when providing air service — Involvement of reseller not obviating requirement that licensees comply with all obligations imposed upon them under Act — Not requiring resellers to obtain licence not equating to leaving consumers without protection — Appeal dismissed.
Lukács v. Canada (Transportation Agency) (A-242-16, 2016 FCA 314, Dawson J.A., judgment dated December 15, 2016, 5 pp.)