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Competition Bureau releases report identifying competition concerns with WestJet’s proposed acquisition of Sunwing

| October 29, 2022

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Competition Bureau releases report identifying competition concerns with WestJet’s proposed acquisition of Sunwing

DECISIONS

12 complaints that Employees Association of Food and Bar Services Edmonton International Airport (the “Union”) breached its duty to fairly represent the complainants – complainants alleged Union failed to assist them with claim for termination pay from Host International of Canada Ltd. (the “Employer” ) due to discontinuance of business operations at Edmonton International Airport – Employer alleged force majeure due to COVID-19 – Union determined it could not file a grievance and recommended that members submit an Employment Standards complaint – Union may be wrong and reach conclusions with which its members disagree as long as Union acts without discrimination, bad faith, arbitrariness, or serious negligence – Union’s error did not rise to level of serious or gross negligence – complaints dismissed

CIRB DECISIONS

Application for certification by International Association of Machinists and Aerospace Workers (“IAMAW”) – employer not opposed – IAMAW certified to be bargaining agent for unit comprising “all ramp agents and lead ramp agents also known as ground service agents (GSA) working for Strategic Aviation Services, Ltd., in Calgary, Alberta, excluding customer service agents, passenger service agents, supervisors, and positions above the rank of supervisor”

Application for certification by Teamsters Québec, Local 1999 – employer agrees with proposed bargaining unit, except certain positions not falling under definition of “employee” under s. 3(1) of Canada Labour Code and which should be excluded – Teamsters Québec, Local 1999 certified to be bargaining agent for unit comprising “all employees working as flight dispatchers, excluding the director–flight operations, the manager–operations control, the supervisor–dispatch, the technical dispatcher and those above these ranks”

CTA DECISIONS

Application for a licence to operate a non scheduled international service in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America – licence issued, subject to conditions

Licensee has requested suspension of its licence – licence 080072 – licence suspended

Licence 080051

Licence 967414

Application for licence to operate a non‑scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country – licence issued, subject to conditions

Application for licence to operate a domestic service, small aircraft – licence issued

Application for an extrabilateral authority to permit applicant to operate its scheduled international service, all-cargo aircraft, six flights per week, between Canada and Panama, for a period of one year – licence varied for period of one year beginning on the date of this Determination

Licensee requested suspension of its licence – licence suspended – licence reinstated effective October 21, 2022

  •  Application – Sunwing Airlines Inc. c-o-b as Sunwing (Sunwing) and TUI Airways Limited c-o-b as TUI (TUI Airways) – Determination No. A-2022-136

Application for an approval to permit Sunwing to provide its scheduled international service between Canada and each of the following countries: Cuba; the Dominican Republic; Antigua and Barbuda; and Mexico, using two aircraft with flight crew provided by TUI Airways, beginning on November 6, 2022, to April 23, 2023 – approved, subject to conditions

Licence 170023

Application for a licence to operate a non scheduled international service in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America – licence issued, subject to conditions

Application for an exemption from the application of section 59 of Canada Transportation Act (“CTA”) to permit applicant to sell, cause to be sold or publicly offer for sale in Canada a domestic service, large aircraft, in the absence of a licence – applicant applied for licence to operate a domestic service, large aircraft but licence not yet issued – seeking exemption to commence commercial activities prior to issuance of domestic licence – applicant exempted from application of s. 59 of the CTA from date of Order until decision is made to either issue or not issue a licence, subject to conditions – exemption does not relieve applicant from requirement to hold licence in respect of service to be provided – no flights shall be operated until the appropriate licence authority has been granted

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