### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of 8165343 CANADA INC. D/B/A AIR CANADA ROUGE for an Exemption and Foreign Air Carrier Permit Docket DOT-OST-2013-

__ _

APPLICATION OF 8165343 CANADA INC. D/B/A AIR CANADA ROUGE FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT Communications with respect to this document must be served upon:

Date: April 26, 2013 Anita M. Mosner Jennifer M. Nowak HOLLAND 

### & KNIGHT LLP 800 1 

## ih Street, NW Suite 1100 Washington, D.C. 20006 (202) 419-2604 (202) 955-5564 (fax) anita.mosner@hklaw.com Attorneys for 8165343 CANADA INC. D/B/A AIR CANADA ROUGE

NOTICE: ANY PARTY MAY FILE AN ANSWER TO THIS APPLICATION. ANSWERS TO THE EXEMPTION APPLICATION ARE DUE ON MAY 13, AND ANSWERS FOR THE PERMIT ARE DUE ON MAY 17. THE APPLICANT IS SEEKING EXPEDITED TREATMENT AND WILL BE POLLING ON THIS APPLICATION.

### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of 8165343 CANADA INC. D/B/A AIR CANADA ROUGE for an Exemption and Foreign Air Carrier Permit Docket DOT-OST-2013-

__ _

APPLICATION OF 8165343 CANADA INC. 0/8/A AIR CANADA ROUGE FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT 

### Pursuant to 49 U.S.C. 

### § 40109 and 41301, Subparts B and C of the Department's Rules of Practice, Part 211 of the Department's Economic Regulations, and the Department's streamlined licensing procedures, 1 

### 8165343 Canada Inc. d/b/a Air Canada rouge (hereinafter "AC rouge") hereby applies for a Foreign Air Carrier Permit and related exemption that would enable it to provide scheduled and charter foreign air transportation of persons, property, and mail as provided for in the Open Skies Agreement between the United States and Canada ("U.S.-Canada Agreement"). 2 

### AC rouge is a leisure carrier recently created by Air Canada. As this Application will demonstrate, AC rouge is unquestionably fit, willing, and able to provide the services described in this Application. AC rouge is substantially owned and effectively controlled by Canadian citizens. The company employs an energetic, capable, and experienced management team, with the technical expertise necessary to operate its service safely and efficiently. It is wholly owned by Air Canada, a publicly-traded corporation with

1 Notice, Docket OST-2005-22228 (Aug. 23, 2005). 2 Air Transport Agreement between the United States ofAmerica and Canada (Mar. 12, 2007).

### Application of 8165343 Canada Inc. d/b/a Air Canada rouge
substantial resources which successfully has operated scheduled and charter service between the U.S. and Canada for over 75 years. Squarely authorized under the USCanada Open Skies Agreement, this service is consistent with the public interest, and will offer important new air transport options to US and Canadian consumers. In order to commence sales in the peak travel season, AC rouge is seeking expedited relief from the Department, and will poll on this application. 

### In support ofthis Application, AC rouge states as follows: 1. 8165343 Canada Inc. is incorporated pursuant to the Canada Business Corporations Act. (See Exhibit A). 2. AC rouge is a foreign air carrier operating under the laws of Canada. The mailing address for AC rouge is 7373 Cote Vertu Blvd. West, Saint Laurent QC H4S 1

Z3, Canada. 3. The regulatory bodies with jurisdiction over AC rouge are the Canadian Transportation Agency ("CTA"), 15 Eddy Street, Gatineau, Quebec, J8X 483, Canada, and Transport Canada, 330 Sparks Street, Ottawa, Ontario K1A ON8, Canada. 4. AC rouge will initiate service to the United States and other points with a fleet of four aircraft, comprised of two Boeing 767-300ERs and two Airbus A319-1 OOs, and will operate flights on behalf of Air Canada, pursuant to a capacity purchase agreement. 5. Air Canada will remain the entity marketing, offering and selling the publicly available air service on its own "014" ticket stock, through its usual channels of distribution including its website, www.aircanada.com, and will continue performing all key commercial functions. Transportation will be sold under the "AC" designator code and be subject to Air Canada's applicable tariffs, as amended to reflect the terms and conditions of carriage specific to transportation on AC rouge.



### 2

### Application of 8165343 Canada Inc. d/b/a Air Canada rouge
6. The route authority requested herein is provided for underthe Open Skies Agreement between the U.S and Canada. AC rouge requests authority to provide scheduled passenger and cargo air service on the following routing: From points behind Canada via Canada and intermediate points to a point or points in the United States and beyond. For all-cargo services, between the United States and any point or points. See 

### Open Skies Agreement, Annex 1, Section 1.8.1., and Open Skies Agreement, Annex I, Section 1.8.2. Finally, AC rouge also requests authority to perform charter service on the routings authorized under Annex Ill of the Agreement and in accordance with Part 212 ofthe Department's economic regulations. 7. AC rouge is fit, willing, and able to provide the services at issue. Its parent carrier, Air Canada, and its contracted carriers provide service to 55 U.S. destinations from Canada. 3 

### The aircraft to be operated by AC rouge are currently in the Air Canada fleet, and are operated by Air Canada. The CTA has authorized Air Canada to transact business as AC rouge (see attached), and the carrier is in the process of obtaining its
own operating certificate from Transport Canada. AC rouge's authorizations can be found in Exhibit B. 8. AC rouge, a citizen of Canada, is a wholly-owned subsidiary of Air Canada, a Canadian corporation that is publically traded on the Toronto Stock Exchange. As a leisure carrier subsidiary of Air Canada, a legacy carrier that has been successfully serving the Canadian and U.S.-Canada markets for many years, there can be no question about AC rouge's financial or operational fitness. The most recent audited annual financial results for Air Canada can be found online at the company's Investor Relations page. 4

3 http://www.aircanada.com/en/abouUinvestor/documents/2013_AIF.pdf 4 http://www.aircanada.com/en/abouUinvestor/documents/2011_ar.pdf?d=041112.


### 3

### Application of 8165343 Canada Inc. d/b/a Air Canada rouge
9. The Canadian government has no direct or indirect, or beneficial or nonbeneficial, interest in AC rouge. AC rouge has not received, and does not expect to receive, any financial assistance from the Canadian Government. 10. AC rouge has a strong management team. The names, titles, and nationalities of these individuals are set forth in Exhibit C, and details about their outstanding qualifications are available at Exhibit D. None of these persons are related by blood or marriage. 11. The names and citizenship of the Board of Directors are listed in Exhibit E. All of these persons are Canadian citizens, and none are related by blood or marriage. 12. AC rouge does not hold any interest in any U.S. carrier or in any other foreign carrier. As the Department is well aware, Air Canada, the parent of AC rouge, is
a member of the STAR Alliance and has a plethora of codesharing and other relationships with both US and foreign carriers. At present, AC rouge does not intend to codeshare with other carriers. If those plans change, AC rouge will undertake to secure appropriate authority from the Departmentto perform such services. 13. Canada is a signatory of the International Convention on Civil Aviation (ICAO), and its maintenance and training programs comply with all relevant ICAO
annexes. 14. AC rouge holds insurance coverage which well exceeds the Department's requirements. A copy ofAC rouge's Certificate of Insurance is attached as Exhibit F. 15. AC rouge has executed a Warsaw Convention Liability Waiver (OST Form 4523) which is attached as Exhibit G. 16. AC rouge will submit a family assistance plan, as required by Foreign Air Carrier Family Support Act, to the National Transportation Safety Board, with a copy to the appropriate docket at the Department. AC rouge will collect the passenger manifest



### 4

### Application of 8165343 Canada Inc. d/b/a Air Canada rouge
information required by 14 C.F.R. Part 243 and will transmit that information to the Department of State in the event of an aviation disaster. Materials concerning AC rouge's compliance with these requirements can be found in Exhibit H. 17. AC rouge has had no fatal accidents or tariff violations in the past five years. 18. Issuance of the requested authority will not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975, as defined in Part 313 of the Department's regulations. 19. Attached as Exhibit I is a specimen Foreign Air Carrier Permit for AC rouge. WHEREFORE, AC rouge requests that the Department issue both an exemption and Foreign Air Carrier Permit, consistent with the Department's streamlined licensing procedures. AC rouge further requests any further or different authority that the Department might deem necessary. Respectfully submitted,

nita M. Mosner Jennifer M. Nowak HOLLAND & KNIGHT, LLP 

### 800 1 

## th Street, NW Suite 1100 Washington, D.C. 20006 (202) 419-2604 (202) 955-5564 (fax) anita.mosner@hklaw.com Attorneys for 8165343 CANADA INC. D/B/A AIR CANADA ROUGE



### 58165343 Canada Inc. d/b/a Air Canada rouge Verification



### Pursuant to Title 18 United States Code Section 1001.1, I, 

### _\J_\

## -~-~_'{...;.__~_,Ai_.,_\-\_\_J_f\ __, in my individual capacity as the authorized representative of the pleader, have not in any manner knowingly and willfully falsified, concealed or failed to disclose any material fact or made any false, fictitious, or fraudulent statement or knowingly used any document which contains such statements in connection with the preparation, filing or prosecution of the pleading. 

### I understand 

### that an individual who is found 

### to have violated the 

### provisions of 18 U.S.C. 

### § 1001 shall be fined or imprisoned not more than five years, or

## both.~~ Signature Name: 

# v**~** j_.r., 

# 'i BATH t 

### j 

# A Title: 

## V \

c£ 

# p (L&$ f !)

### EM'f 

### C.0

### ~'-'\ 4 

## '-\.ffl.-..c_(

## 6\--'L_**~** 

### '2.-& / 

### 2-o I '2 

### Date:**~** 

### ;:;

### EXHIBIT A CERTIFICATE OF INCORPORATIONIndustry Industria Canada Canada



## Certificate of Incorporation Certificat de constitution Canada Business CorporationsAct Loicanadiennesurles societesparactions


### 8165343 CANADA INC. Corporate name I Denomination socialc


### 816534-3 Corporation number INumero de societe 

### IHEREBY CERTIFY thatthe above-named corporation, the articles ofincorporation ofwhich are attached, is incorporated underthe Canada Business CorporationsAct. 

### JE CERTIFIE que Ia societe susmentionnee, dont les statuts constitutifs sontjoints, estconstituee en vertu de IaLoicanadiennesurles societespar actions.



### Marcie Girouard

DirectorIDirecteur 

### 2012-10-18 Date ofIncorporation (YYYY-MM-DD)

Date de constitution (AAAA-MM-JJ)



# C da.-; 

# ana a·----' Industry Canada Industria Canada

Corporate· name 

### Denomin<Jtion sociale 8165343 CANADA INC. 

### Form 1 Articles of Incorporation Canada Business Corporations Act (s. 6)

2**Th~** prm ilK.: or lerritnry in Can11da \\here the: rcgi:<tcrcd <)fticc b situated La province <lU lc tt'rritoire nu CanaJn oi1 est situc Je siege Sl'eial QC 

### Formulaire 1 Statuts constitutifs Loicanadienne surJes societes paractions (art. 6)

3 ; The**clussc~** nnd any maximum numhl!r ofsll.arcs that the corporation is authorized to issue Cat¢g:ories et le nombrt' nwximal d'nctions que Ia societe est autorisee

## aeinerrre 

### See attached schedule 

### IVoir l'annexe cHointe 

### ;···4--l**~estrictjonc;** on**shar~** transt·t!rs**··~··' Rcstr·iction~** **~ur** lc tnmsfert des actions See attached schedule 

### IVoir l'annexe ci-jointe 5 Minimum ant.! maximum nurnha ('fdirecwr.; 1\ombre minimill er maxilllal d'administro.teurs Min. 1 Max. 15**~~~----~~~--~-------------------------------------------------------** R..:striction:- on the busiMss the corporntion liLlY carry on J.imitcs irnpo,ces il J'ac.:tivitc commercial<' de Ia so<:icte None 7 , Other l.>nwisi<)l15**1\utr~·~ di~pt>sitil>ns**  See attached schedule I Voir l'annexe cHointe 8 lncnrpo.rator's DedanHion: rhereby certiry that Iam authorizcd to sign.l1.nd submit**thf~-li1rm.** ----····-·--- Dcclnration des fondatcurs: J'Rttestc qucjc suis autorise it signer ct 

### a**~nwm•ltrc:-** le present formula ire. Nnmc(s)- Nom(s) Original Signed by ·Original signe par

Gayle Noble Gayle Noble Gayle Noble

'.otr:**~li'r~pr~:;cllt:lti<>ll C'lli!SiiULic~**  an t>fti::ncc anJ. on SUilllllill} ctmviction. a**pcr~on i~**  lioble to**:tlin~** lllll**~x•·~cding** S:iOf)IJ t>r lo intprisollltnCill '''ra t"nn nt>! cxccdutf\ ,;, llH>nt/1, o>r bo>th (:<nhst•ct>[)n 25tlt'll<'fthe CHCA). '.ot• ·Fatrc unc l'nussc"dcclllratiun CPII!<lilllc li!N infr:lt·tinn <'I son antt:ur, sur <kdaration de**~ulpahilitt' p~r** **pn>c~dl•rc** snnunairc. est**pa~s1hk** '' un<: amende ll1a'\llll:Jicde 5f!Oii**$~I** tl'un emplbOnncmcnt maximnt de**>i~** tn••is, "''de· l'unc**de~'** cko.\ l"·incs**(par~graphc 1~01**  IJJe Ia 1.\.'S.-\). 

# Canada IC 3419 (2008/04)INDUSTRY CANADA 

### SCHEDULEA
ARTICLESOFINCORPORATION 8165343 CANADAINC. CanadaBusiness CmporatiansAct



### 3 - The classes andanymaximum number of shares thatthe Corporationis authorized to issue: Unlimitednumber ofcommonshares. I. 

### The common shares shall have attached thereto the following rights, privileges,restrictions and conditions:

#10879302 

### (a) 

### Voting. Eachcommon share shallentitle the holder thereofto one (1) vote atall meetingsofthe shareholders ofthe Corporation. (b) 

### Dividettds. The holders of the common shares shall be entitled to receive during each year, as and when declared by the board of directors, dividends payableinmoney, property orby the issue offully paid shares ofthesharecapitaloftheCorporation. (c) 

### Liquidation, etc. In the event of the liquidation, dissolution or windingup of the Corporation, whether voluntary or involuntary, or other distribution of assets of the Corporation among shareholders for the purpose of windingup its affairs, theholders ofthe common sharesshall beentitled to receive theremainingpmpertyofthe Corporation.INDUSTRYCANADA



### 4- Restrictions, ifany, onsharetransfers 

### SCHEDULEB ARTia.ESOF INCORPORATJON 8165343 CANADAINC. Canadtl Business CotporatiansAct



### Shares of 

### the Corporation 

### may not be transferred unless the restrictions on the transfer of securities 

### of the 

### Corporation contained in section 7 of 

### these Articles (entitled "Otherprovisions, 

### ifany") arecompliedwith.

#10679173INDUSTRY CANADA 

### SCHEDULEC
ARTICLESOFINCORPORATION 

### 8165343 CANADAINC. CaMdaBusiness CorporationsAct

7- Otherprovisions, jfany (1) 

### SecuritiesoftheCorporation, otherthannon-convertible debt securities,maynot be transferred unless (a) such transfer is approved by the directors or shareholders as evidenced bya resolution of

### the directors orshareholders, as the case maybe; or (b) in 

### the case of securities which are subject to restrictions on h·ansfer contained ina security

### holders' agreement, suchrestrictions are complied with. 

### (2) The directors 

### may appoint one (1) or more additional directors, who shall hold office for a term expiring no later than the close of the next annual meeting of shareholders, butthe total numberofdirectors soappointed 

### maynotexceed one third (1/3) of the number of

### directors elected at the previous arm.ual meeting of shareholders.

#10879173

# 1+1 Industry Canada lndustrle 

### Form 2 Canada 

### I

. . I R . d Off" Add natta eg1stere 1ce ress

and First Board of Directors Canada Business Corporations Act (CBCA) {s. 19 and 106) 

### Formulaire

### 2 Siege social initial et premier conseil d'administration Loicanadienne surles societes par

actions (LCSA) (art. 19 et 106)**-~j ·~**  C:orpurat.: namc

-1Denomi11atinn sm·.iHit·

8165343 CANADA INC. 2 :**Addn:;~**ofregistered oftice

--- AJre!;sc· du .-;icgc sociul

7373 DE LA COTE VERTU BLVD. WEST SAINT LAURENT QC H4S 123


### ----------------------····

# __.. , 

### ·---------- : 3 ·Additiollill**addn::-~s** Autre adrcssc 

### -----,--,""'""""'-----,---::--:-:-------------------------------------- ' 4-·: !'vlc!nhcrs of' the**D~)CIHI**

## ordirccWrs

· - tvkrnb1·cs du consc•if d'administruti<.•n

MICHAEL FRIISDAHL

MICHAEL ROUSSEAU

CALIN ROVINESCU

BENJAMIN SMITH 7373 DE LA C6TE VERTU BLVD. WEST, SAINT LAURENTQC H4S 1Z3, Canada 7373 DE LA C6TE VERTU BLVD. WEST, SAINT LAURENTQC H4S 1Z3. Canada 7373 DE LA C6TE VERTU BLVD. WEST, SAINT LAURENT QC H4S 1Z3, Canada 7373 DE LA C6TE VERTU BLVD. WEST, SAINT LAURENTQC H4S 1Z3, Canada Resident Canadian Resident Canadien Yes /Oui

Yes I Oui

Yes I Oui

Yes /Qui



## ---·-, " 

### --------------·------------

5 :Declaration: I cc:nif'y that / have r0lcvant knowledge and that Inm authorized ro sign**thi~** fl'nn.

·Declaration :J';Hl<>,tc quejc**pos~i':ck** unc connaissancc suffisamc ct queje suis autorisc(c) 

### asigner k present**f't~nnulain::.** Original signed 

### by 

### I Original 

### signe par Gayle Noble Gayle Noble 514-397-3205 :\otc: :vlhrcprc,;cntalil>n**con~tillll~s** ""(lfl;:n-:c nnd. on summar} convictJ<.>n. u**p~r!'<lliiS** liable toil line lit'(cxcco;;ding $5000 orw**impriwnm~nt** f\11**~ 1~rrr1**  not .:wceuing si' JH(IHths pr hoth {suhscc!I<Jil 250( I)**ofth~** CHCA) \ma**/'air~""~ !:w,;s~'d"dmMion** **con>titu~.** tllle**infr~~ti<'ll** ct·,,,n auteur. sur dcclomlion ric**tulpllbiltl~** par**pwc6dur~ ,,,mmair~,** **~st** passiblc d'unc :un,nd"**nt~xllll:lk** t.k 5 000$ cl ,J'un**~mpn;;onn~mctll m~.,itn:U** **~~ ~ix**  moi,;, ,,u de 1·unc de l'l!5 deux pcinc;**tpara~raph~** 250( 1) tk Ia LCSA).



# Canada IC 2904 (2008/04)

### EXHIBIT 8
LICENSES2013-Apr-OZ 14:23 FromDate:

### 2013 ·04- Q 

# 2 Office des transports du Canada

(REMPLACE LA LICENCE N° 975025 DATEE DU 30 JUIN 2011) Licence internationale serYice regulier delivree a Canadian Transportation 

### Agency

Licence N° Licence No. 975025 H31 P.002/002 F-987 ·

(SUPERSEDES LICENCE NO. 975025 DATED JUNE 30, 2011) Scheduled international licence Issued to Air Canada exen;;ant egalement son activite sous le nom de also carrying on business as Air Canada Express AirCanada rouge par !'Office des transports du Canada conformement aux articles 69 et 78 de Ia Loi sur /es transports au Canada, L.C. (1996), ch. 10, modifiee (LTC), et suivant !'Accord relatif au transport aerien entre le gouvernement du Canada et le gouvernement des Etats-Unis d'Amerique signe le 12 mars 2007 (Accord), autorisant Ia licenciee a exploiter les services suivants :
service international resulier (aeronefs moyens); service international regulier (gros aeronefs); service international reguller (aeronefs tout-cargo),
sous reserve des conditions prescrites par le Reg/ement sur les transports aeriens, DORS/88-58, modiM (RTA), des conditions exigeant Ia detention d'un documentd'aviation canadien delivre par le ministre des Transports et de Ia police d'a$Surance responsabilite reglementaire prevue 

## a !'article 7 du RTA. et des conditions suivantes auxquelfes Ia licence est assujettie conformement au paragraphe 71 (1) de Ia LTC: by the Canadian Transportation Agency pursuant to sections 69 and 78 ofthe Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) and in accordance with the Air Transport Agreement between the Government of Canada and the Government ofthe United States of America signed on March 12, 2007 (Agreement), that permits the Licensee to operate the following services: scheduled international service, mediurn aircraft; scneduled international service, large aircraft; scheduled international service, all-cargo aircraft, subject, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88·58, 

### as amended (ATR), to the requirements to hold a Canadian aviation document issued by the Minister of Transport and to have prescribed liability insurance coverage as set out in section 7 ofthe ATR, and to the following conditions towhich the licence is madesubject pursuant to subsection 71(1) ofthe CTA: CONDITIONS 1. La llcenciee est autorisee a exploiter des services internationaux regullers sur la(les) route(s) enoncee(5) dans I'Aocord. 2. Les services internationaux reguliers doivent etre exploites suivant !'Accord et toutes ententes applicables conclues entre le Canada et les Etats-Unis d'Amerique. 1. The Licensee is authorized to operate scheduled international services on the route(s) set out in the Agreement. 2. The scheduled international services are to be conducted in accordance with the Agreement and any applicable arrangements agreed to between canada and the United States ofAmerica.

Office des transports du Canaela canadian Transportation Agency
ottawa (Ontario) K1A ON9 www.cta-otc.gc.ca

# Canad¥i onawa Ontario K1A ON9 www.ota-otc.go.ee.

# 1+1 Transport 

### Canada Ottawa, ON K1A ON8 

### Transports 

### Canada

Febmary 18'h, 2013

To the applicable Civil Aviation Authority: Re: Air Canada rouge- Canadian Air OperatorCertificate (5260-1 I985) YotJ( fi.k I VotrL'**nH~ren~;e** Our lUe I Noire**r~fe'rcncc** 5260·11985 RDIMS # 8205539

We have been advised by AirCanada rouge representative Mr. Alan Read, VicePresident Operations, that confirmation from Transport Canada, with respect to the progress ofthe application process towards the issuance ofan Air OperatorCertificate (AOC) for Air Canada rouge may be required as part ofthe licensing submission with your Civil Aviation Authority in order to seek permission to operate in your country. We wish to confirm that a duly completed AOC application for 8165343 Canada Inc. doing business as Air Canada rouge was received on October 19'\2012 and is well in progress and Transport Canada considers that there are not any perceived significant impediments at this point to hinder the successful completion ofthe process culminating in the issuance ofan AOC near the planned start ofoperations date on July ! 51 2013. Ifyou wish to obtain further information, you are more than welcome to contact me at your convenience. Yours tmly,

Captain**Fran~ois** Collins Technical Team Lead (TTL) Certification and Quality Assurance Transport Canada National Flight Operations Place de Ville Tower C 330 Sparks Street Ottawa, Ontario, KIA ON8 Government ofCanada Francois.collins@tc.gc.C<! 613-991 -9967


# Canacfti www.tc.gc.ca

### EXHIBIT C OFFICERS 

### & KEY PERSONNEL

Name & Title Citizenship Michael Friisdahl, President and Chief Executive Officer Canadian R.A. ("AI") Read, VP Operations Canadian VUa_y_ Bathjia, VP Commercial Canadian Renee Smith-Valade, VP Customer Experience Canadian Marquis Monfette, Director of Maintenance Canadian James Dunnett, Chief Pilot Canadian

### EXHIBIT D MANAGEMENT BIOGRAPHIES

### MICHAEL FRIISDAHL PRESIDENT AND CHIEF EXECUTIVE OFFICER 

### Michael Friisdahl is President and Chief Executive Officer for Air Canada rouge, and also serves as President and CEO at Air Canada Leisure Group. Prior to joining Air Canada, Michael held the position of Chief Executive Officer of Thomas Cook North America and was a member of the Group Executive Board at Thomas Cook Group pic. He was also a member of the International Purchasing Board and the Aviation Board. Prior to Michael's appointment as CEO of Thomas Cook North America, he held the position of President and Chief Operating Officer of Thomas Cook Canada. Under his leadership, Thomas Cook became a leading leisure travel group in Canada with significant growth in revenues. Michael has more than 25 years ofexperience in the international leisure travel business and a background in international travel, finance, marketing and sales management, mergers, acquisitions and divestitures, and business integration. R.A. READ VICE PRESIDENT, OPERATIONS R.A. 

### ("AI") Read is Vice President, Operations for Air Canada rouge. He has overall responsibility for all aspects of the company's operations including all regulatory matters as the Transport Canada approved Operations Manager. His responsibilities are inclusive of Flight Operations, lnflight Service, Maintenance and Safety Management System. AI reports directly to Mr. Michael Friisdahl, President and CEO Air Canada rouge. AI has 34 years of commercial airline experience including 29 years with Air Canada in a variety of roles including the Director of System Operations Control Center. Further experience includes Vice President of Commercial and Operations at Skyservice Airlines, which was a Canadian based charter airline serving primarily sun destinations. He was also a principle member of the startup team at Sky Regional Airlines, a Canadian based regional carrier providing service to Air Canada under a Capacity Purchasing Agreement. His main responsibility was the management and oversight of all aspects ofthe daily operation. VIJA Y BATHJIA VICE PRESIDENT, COMMERCIAL 

### Vijay Bathija is Vice President Commercial for Air Canada rouge. He has overall commercial responsibility for Air Canada rouge including fleet, route network and revenue and he reports to Michael Friisdahl, President and CEO, Air Canada rouge. Vijay has nearly 18 years of experience in the airline industry in commercial area. Prior to joining Air Canada rouge, Vijay was Senior Director of Network Planning at Air Canada since February 2007. As senior Director, he held overall responsibility for Air Canada's network and schedule including schedules for Jazz and Tier Ill carriers. Before joining Air Canada, Vijay worked with Sabre Airline Solutions Consulting in

### Southlake Texas as Head of Planning Consulting Division. In this role he worked with various airlines around the world on commercial turnaround, fleet and network and alliances consulting projects. Some of the clients include Alitalia, Air One, Etihad, AcesAvianca, Iberia, JetAirways, Delta Airlines among others. Prior to joining Sabre, Vijay worked at Canadian Airlines International in Calgary. He joined Canadian Airlines in 1995 as Analyst in International Planning and rose to become Director of Route Planning before leaving in 2000. Vijay has an MBA degree (Dean's List) from Queen's University, Kingston, Canada. He specialized in finance and marketing. RENEE SMITH-VALADE VICE PRESIDENT, CUSTOMER EXPERIENCE 

### Renee Smith-Valade is Vice President, Customer Experience for Air Canada rouge. She has overall customer responsibility for Air Canada rouge including brand, inflight, airports, customer and communications. She reports to Michael Friisdahl, President and CEO, Air Canada rouge. Renee has over 25 years of experience in communications and marketing including ten years in the Canadian airline industry. Prior to joining Air Canada rouge, Renee was a consultant to Air Canada on commercial ventures, after two years at British Columbia's hydro power authority leading Communications, Conservation and Customer Care for four million customers province-wide. Renee was Vice President of Communications for the 2010 Olympic and Paralympic Games Organizing Committee in Vancouver from 2005- 2010, leading brand, marketing, media and public facing communications. Before taking on her responsibilities for the 2010 Games, Renee was Director, Stakeholder Relations at Air Canada's head office in Montreal after four years as Communications Manager. Renee joined Air Canada through the integration of Air Canada and Canadian Airlines International, where she had been managing communications at the airline's head offices in Calgary, Alberta. CAPTAIN JAMES (JIM) DUNNETT CHIEF PILOT 

### Jim Dunnett is the System Chief Pilot for Air Canada rouge 

### and is responsible for the professional standards of Air Canada rouge 

### flight crews. This includes the development of Standard Operating Procedures, design and delivery of Training Programs, and determining the operational suitability of company routes and destination aerodromes. Jim reports to AI Read, Vice President, Operations. Jim's 39 years as a commercial pilot include 16 years as a Civil Aviation Inspector with Transport Canada and 10 years service as a pilot in the Canadian Air Force Reserve. During his career in management with Air Canada, he has held the positions of Manager Regulatory Affairs, Manager of Standards, Base Manager of the Toronto Pilot Base and Fleet Manager of the A320 Fleet. He has logged over 14,000 hours and maintains line competency as Captain on A320.

### MARQUIS MONFETTE PERSON RESPONSIBLE FOR MAINTENANCE 

### Marquis Monfette is the Person Responsible for Maintenance (PRM) for Air Canada rouge. This position is equivalent to the Director of Maintenance in USA. He has overall responsibility for all aspects of the company's Maintenance operations including all related regulatory matters as the Transport Canada approved PRM. His responsibilities are inclusive of all Maintenance activities, line and heavy Maintenance including components, oversight of Maintenance service providers, audits and Safety Management System (SMS) related to Maintenance. Marquis reports directly to Mr. Alan Read, Vice-President Operation forAir Canada rouge. Marquis has 37 years within the Civil Aviation world, including 24 years at Transport Canada which 19 years were as managers at different level where two of them were as Civil Aviation Director General advisor/Chief. He was mainly involved with certification and surveillance of large aircrqft engaged in commercial airlin·e operations in Canada and in foreign countries Marquis was previously involved with one of the largest Maintenance Repair and Overhaul (MRO) in the world as Aveos PRM, Director of quality and Director of environment Health and safety. Initially he started with Pratt & 

### Whitney then with smaller commercial and charter operations companies, then he worked for the Minister of Transport in Quebec city, Quebec.

### EXHIBIT E BOARD OF DIRECTORS
Name Citizenship Michael Friisdahl Canadian Michael Rousseau Canadian Galin Rovinescu Canadian Benjamin Smith Canadian

### EXHIBIT F CERTIFICATE OF INSURANCEU.S. Departmentof Transportation

Office ofthe Secretary ofTransportation AGENCY DISPLAY OFESTIMATED BURDEN The public reporting burden for this collection ofinformation is estimated to average 30 minutes perresponse. Ifyou wish to comments on the accuracy ofthe estimate or make suggestions for reducing this burden, please directyour comments to DOT and OMB at the following addresses:

U.S. Department ofTransportation Office ofAviation Analysis, P-57 400 7th Street S.W. Washington, DC 20590 and Office ofManagement and Budget Office ofInformation and Regulatory Affairs Paperwork Reduction Project 2106-0030 Washington, DC 20503


### FOREIGNAIR CARRIERS CERTIFICATE OFINSURANCE NO. AC-AU104512/298 (revised) POLICIESOF INSURANCE FORAIRCRAFT ACCIDENT AND BODILY INJURYAND PROPERTYDAMAGE LIABILITY FILING INSTRUCTIONS: File an original ofthis form with the Regulatory Analysis Division, P-57, Office ofAviation Analysis, Department ofTransportation, 400 7th Street, S.W., Washington, D.C. 20590. (Please type information, except signatures) THIS CERTIFIES THAT LLOYD'S UNDERWRITERS AND VARIOUS LICENCED COMPANIES (Name oflnsurer) has issued apolicy orpolicies ofAircraft Liability Insurance to AIR CANADA also carrying on business as AIRCANADA, AIRCANADA EXPRESS, AIRCANADA JETZ, AC Cargo Limited Partnership as represented by its general partner, AC Cargo General PartnerInc., carrying on business as AIR CANADA CARGO and 8165343 CanadaInc. d/b/a Air Canadarouge. (Name and address ofInsured Foreign Air Carrier) effective from December 15, 2012 until ten (10) days afterwritten notice from the insured or carrierofthe intentto terminate coverage is received by the Department ofTransportation. Note: Part 205 ofthe Department's Regulations does not allowfor a predetermined termination date and a certificate showing such a date is unacceptable. 1. The Insurer (Check One): 

### Xis licensed to issue aircraft insurance policies in the United States;

_ is licensed or approved by the government of to issue aircraft insurance policies; or _is an approved surplus line insurer in the State(s) of___..,.---- 2. The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the following during operation, maintenance, or use ofaircraft in "foreign transportation" as that term is defied in the Federal Aviation Act (Complete applicable section(s) below): A. CANADIAN CHARTERAIRTAXI OPERATORSWITH PART294 AUTHORITY ONLY The aircraft covered by this policy have: (1) 30 or fewer passenger seats and a maximum payload capacity of7,500 pounds orless; and/or (2) a maximum authorized takeoffweight on wheels ofno more than 35,000 pounds. (Checkseparate orcombinedcoverage as appropriate):

_ Separate Coverages:

PolicyNo. Type ofLiability Combined Bodily Injury (Excluding Passengers otherthan cargo attendants) and Property Damage Liability PassengerBodily Injury Liability Minimum Limit EachPerson Each Occurrence

$75,000 $2,000,000 * (see note) $75,000 $75,000 x 75% oftotal number ofpassenger seats installed in aircraft.

Combined Coverage: This combined coverage is a single limitofliability for each occurrence at least equal to the required minimums

- stated above for bodily injury (excluding passengers), property damage, and passengerbodily injury. Policy No. AmountofCoverage

___________ _

_ This policy covers CARGO operations only and excludes passenger liability insurance. *NOTE: Ifthe aircraft covered by this policy have more than 30 passenger seats ormore than a maximum payloadcapacity of7,500 pounds, the minimum limited per occurrence shall be $20,000,000.



### usDOTfwUSB. FOREIGN AIR CARRIERS OPERATING SMALLAIRCRAFT The aircraft covered by this policy are SMALL AIRCRAFT (i.e., with 60 or fewer passenger seats and a maximum payload capacity of 1,800 pounds or less) (Check separate orcombinedcoverage asappropriate): · _Separate Coverages: Minimum Limit

Policy No. Type ofLiability Each Person Combined Bodily Injury (Excluding $300,000 Passengers otherthan cargo attendants) and Property Damage Liability PassengerBodily Injury Liability $300,000 Each Occurrence $2,000,000 $300,000 x 75% oftotal number ofpassenger seats installed in aircraft. 

### X Combined Coverage: This combined coverage is a single limit ofliability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers), property damage, and passengerbodily injury. Policy No. AUI04512 Amount ofCoverage $500,000,000. U.S. _This policy covers CARGO operations only and excludes passenger liability insurance. C. FOREIGNAIR CARRIERS OPERATING LARGE AIRCRAFT The aircraft covered by this policy are LARGE AIRCRAFT (i.e., with more than 60 passenger seats or with a maximum payload capacity of 18,000 pounds) (Check separate or combinedcoverage as appropriate): _Separate Coverages:

Policy No. Type ofLiability Combined Bodily Injury (Excluding Passengers otherthan cargo attendants) and Property Damage Liability PassengerBodily Injury Liability Minimum Limit Each Person

$300,000 $300,000 Each Occurrence $2,000,000 $300,000 x 75% oftotal number ofpassenger seats installed in aircraft. 

### X Combined Coverage: This combined coverage is a single limit ofliability for each occurrence at leastequal to the required minimums stated above for bodily injury (excluding passengers), property damage, and passengerbodily injury. Policy No. AUI04512 Amount ofCoverage $500,000,000. U.S. _This policy covers CARGO operations only and excludes passenger liability insurance. 3. ThePolicy orpolicies listed in this certificate insure(s) (Check One): 

### X Operations conducted with all aircraft operated by the Insured

Operations conducted with the following types ofaircraft: =Operations with the following aircraft: (use additional page ifnecessary) Make and Model FAA orForeign Flag Registration No.

4. Each policy listed in this certificate meets orexceeds the reqmrements in 14 CFRPart 205 Lloyd's Underwriters & Various Licenced Cos. Marsh Canada Limited (Name ofInsurer) c/o Marsh CanadaLimited (Address) 1981 McGill College Avenue #820, Montreal, QC H3A 3T4 (City, State, Zip Code) Alaster Burpitt, SeniorVice President Contact (person who can verify the effectiveness ofthe
· coverage) (514) 285-5184 I (514) 285-4727 (Area Code,**Phone~**

### ff} I tj.l9.a Code, FaxNumber)

## fl"'~Wl**(Sighafu~,** i**~pplicable)** April18, 2013 (Date) (Name ofBroker, ifapplicable) 1981 McGill College Avenue#820 (Address) Montreal, Quebec, H3A 3T4 (City, State, Zip Code) AlasterBurpitt, SeniorVice President (Officer or) (514) 285-5184 I (514) 285-4727

### _HI~ (Area Code, Phone**~i'Code,** FaxNumber)
April18, 2013 

### • (Date)

### EXHIBITG WARSAW CONVENTION LIABILITYWAIVERU.S. Department ofTransportation Office ofthe Secretary ofTransportation 

### AGREEMENT Docket OST95-236

----- 

### ---- ----------------- The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows: 1. Each ofthe Carriers shall, effective May 16, 1966, includethe following in its conditions ofcarriage, including tariffs embodying conditions ofcarriage filed by itwith any government: "The Carriershall avail itselfofthe limitation ofliability provided in the Convention for the Unification ofCertain Rules Relating to International Carriage by Air signed atWarsaw October 12th, 1929, or provided in the said Convention as amended by the Protocol signed atThe Hague September28th, 1955. However, in accordance with Article 22(1) ofsaid Convention, or said Convention as amended bysaid Protocol, the Carrier agrees that, as to all international transportation bythe Carrier as defined in the said Convention orsaid Convention as amended by said Protocol, which, acccrdingto the contract ofCarriage, includes a point in the United States ofAmerica as a point oforigin, point ofdestination, oragreed stopping place (1) The limit of liabilityfor each passengerfor death, wounding, or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, exceptthat. in case ofa claim brought in a State where provision is made for separate award of legal fees and costs, the limitshall be the sum of US $58,000 exclusive of legal fees and costs. (2} The Carrier shall not, with respect to any claim arising outofthe death, wounding, or other bodily injury ofa passenger, avail itselfofany defense under Article 20(1) ofsaid Convention orsaid Convention as amended bysaid Protocol. Nothing herein shall be deemed to affect the rights and liabilities ofthe Carrierwith regardto any claim brought by, on behalf of, or in respect ofany person who has willfully caused damage which resulted in death, wounding, orother bodily injury ofa passenger." 2. Each Carrier shall, atthe time ofdeliveryofthe ticket, furnish to each passengerwhosetransportation is governed by the Convention, orthe Convention as amended by the Hague Protocol, and by the special contractdescribed in paragraph 1, the following notice, which shall be printed in type at least as large as 10 pointmodern type and in ink contrasting with the stock on (i) each ticket; (ii) a piece ofpaper either placed in the ticket envelope with the ticketor attached to the ticket; or (iii) on the ticketenvelope: "ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on a journey involving an ultimate destination ora stop in a country otherthan the countryoforigin are advised thatthe provisions ofa treaty known as the Warsaw Convention may be applicableto the entirejourney, including anyportion entirely within the country oforigin ordestination. For such passengers on a journeyto, from, orwith an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs providethatthe liability of [certain**)~** [(name ofcarrier) and certain other] carriers parties to such special contracts for death ofor personal injury to passengers is limited in most cases to proven damages notto exceed US $75,000 per passenger, andthatthis liability up to such limit shall not depend on negligence on the part ofthe carrier. Forsuch passengers traveling by a carrier not a partYto such special contracts or on ajourney not to, from, or having an agreed stopping place in the United States ofAmerica, liability ofthe carrier for death or personal injuryto passengers is limited in most cases to approximately US $10,000 or US $20,000. The names of Carriers parties to such special contracts are available at all ticket offices ofsuch carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation ofthe carrier's liability under the Warsaw Convention orsuch special contracts ofcarriage. Forfurther information please consult your airline or insurance company representative." 3. [This Agreementwas filed with the Civil Aeronautics Board ofthe United States. The Board approved it by Order E-23680, adopted May 13, 1966. TheAgreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility ofthe DepartmentofTransportation (DOT) by operation oflaw.] 4. This Agreement may be signed in any numberofco1.mterparts, all ofwhich'shafl con become a partY to this Agreement by signing a counterpart hereofand depositing itwith DO 5. Any Carrier partY hereto maywithdraw from this Agreementby giving twelve (12) '· and the other Carriers partiesto the Agreement. 'Eitheralternative may be used.

OST Form 4523 (Formerly CAB Form 263) 

### ' :tute oneAgreement. Any Carriermay

### EXHIBIT H PASSENGER MANIFEST and 

### FAMILY ASSISTANCE MATERIALS

### Docket OST 98 3305 42 U.S. DepartmentofTransportation 400 Seventh Street, S.W. Room PL 401 Washington, DC 20590 April 25, 2013 DearSir: The attached is submittedtothe United States DepartmentofTransportation as required by 14CFR §243. The submission summariestheprocedures that8165343 Canada Inc. d.b.a. Air Canada rougewill useto collectpassengermanifestinformationrequired by 14 CFR §243, and transmittheinformationtothe DepartmentofStatefollowing an aviation disaster. Iwouldliketo informyou thatthe emergencycontactnumberforAir Canadarouge

.Pleasebe advised thatthis emergencycontactnumberis notfor general distribution. Ihope thatyou will find thistoyoursatisfaction.

# s~~Mt) Henry Bommer Air Canada EmergencyManagement Attach.

# 8165343 Canada Inc. d.b.a Air Canada 

# rouge

Passenger Manifest Information 14 CFR §243

April 25, 2013

## Summary The following is submitted to the Secretary ofTransportation in accordance with 14 CFR §243. This submission summarises the procedures that Air Canada rouge will use to collect passenger information required by 14 CFR §243 and transmit the information to the Department ofState following an aviation disaster. 

## 1. Collection of Information The following information will be collected from all passengers, including non-revenue passengers, positioning crew, children and infants, using aform that has been specifically designed for this purpose: Mandatory information • First name (as provided bythe passenger) • Middle name or middle initial (as provided by the passenger) • Last name (as provided bythe passenger) • Citizenship (as provided by the passenger) Optional information • Contact name ofa person (nottravelling with the passenger) or entity • Contact telephone number


## 2. Responsibility for Collection of Passenger 

## Information The station responsible forthe departure ofthe aircraft operatingthe covered flight segment will be responsible for collecting, and retaining, the passenger information. 

## 3. Method of Soliciting Information All passengers, including non-revenue passengers, positioning crews, children and infants, will be provided a form duringthe check-in process. Upon being presented with theform, the passenger will be informed ofthe requirement to fill in theform and provide the completed form to the gate agent priorto boardingthe flight. Connection passengers and passengers that have completed check-in online will be provided with forms at their point ofcheck-in or in the boarding area priorto boarding the aircraft coveringthe covered flight segment.



### 2

## 4. Method of Collection The gate agent will, priorto boardingthe aircraft operating the covered flight segment, collecttheform from the passenger at the same time thatthe passenger identification and boarding pass are checked. 

## 5. Retention of Information The departure airport will be required to retain the collected information until it has been confirmed that all passengers have disembarked the aircraft, orfor no longerthan twenty-four hours afterthe completion ofthe flight, whereupon the forms will be destroyed. The information collected from the passengers will not be retained for any use other than that intended by 14 CFR §243. 

## 6. Notification ofAviation Disaster Air Canada'sSystem Operations Control centre will, upon being notified ofan aviation disaster involving Air Canada's aircraft while operating acovered flight segment, without delay, contactthe: Managing Director ofOverseas Citizen Services Bureau ofConsular Affairs United States Department ofState Telephone Number:


## 7. Compilation of Passenger Details In the event ofan aviation disaster, the departure station will transmitthe forms collected from passengers on the affected flight to Air Canada 1sSystem Operations Control centre. Air Canada's System Operations Control centre will be responsible for compiling (reconciling) the passenger name list and transmittingthe information to the organization requiring the information. 

## 8. Contents ofthe Passenger Name list The passenger name listwill contain the following information: • Air carrier's name • Air carrier's flight number • Date offlight departure • Departure station • Arrival station



### 3• Number ofknown United States Citizens on board • Passenger's title (if available} • Passenger's first name (as provided by the passenger) • Passenger's middle name or initial (as provided by the passenger) • Passenger's last name (as provided by the passenger} • Passenger's citizenship (as provided by the passenger) • Contact name (ifavailable) • Contact telephone number (ifavailable) • Number of pages Where the passenger has not provided acontact name and number, the carrier will use the contact information available in the 'passenger name record'. 

## 9. Transmission of Information The passenger name list, includingthe information collected in accordance with 14 CFR §243, will be transmitted, no laterthan three hours afterthe air carrier has become aware ofan aviation disaster on a covered flight segment, totthe following organizations: • The United States Department ofState • Upon request, the Director, Family Support Services, National Transportation Safety Board ofthe Untied States The passenger name list will be transmitted, by facsimile transmission, to umbers provided 

### by the required organization.



### 4

### Dockets- Dockets OST 98-3304 U.S. DepartmentofTransportation 400 Seventh Street, S.W., Room PL 401 Washington, DC 20590 April 25, 2013 Dear Sir: Please beadvised thatAir Canadahas formed a new subsidiary8165343 Canada Inc. d.b.a. Air Canada 

### rouge. Air Canadawill providethe supportand assistanceto survivors and families ofpassengers involved in an aircraftaccidentinvolving

### rouge. In orderto reflectthese changes, Isubmitthe attachedto theSecretaryof Transportation and the Chairman ofthe NationalTransportation Safety Board in accordancewith 49 USCA §41313 and theWendell H. FordAviation Investmentand Reform Act ofthe 21stCentury. The attached outlinesthe procedures ofAir Canadato address theneeds of survivors and families ofpassengersinvolved in an aircraftaccidentin the United Statesinvolving anAir Canada, 

### rouge orAir Canada Express carrier. Ihope thatthis will betoyoursatisfaction.

f 

### Sihf'0JY,

# ,W-l.~hu) Henry Bommer Air Canada EmergencyManagement Attach.

## Family Support in the Event ofan Aircraft Accident in the United States ofAmerica

Air Canada 8165343 Canada Inc. 

## d.b.a. AirCanada rouge 

## Air Georgian Limited Jazz Aviation Limited Partnership Sky Regional Airline

April 25, 2013

## Summary The following is submittedto the Secretary ofTransportation and the Chairman ofthe National Transportation Safety Board in accordance with 49USCA §41313. The submission summaries the procedures ofthe Airline1 to address the needs of survivors and families ofpassengers involved in an aircraft accident in the United States.


## 1 Pre-Response Planning Each Airline covered by this submission has acomprehensive Emergency Response Plan (the Plan) that outlinesthe actions that are to be taken by the Airline in the event ofan aircraft accident. The Emergency Response Plan calls forthe airport nearest the accident site to provide the initial response to the accident whilethe Corporate Emergency Response Team is assembled and dispatched to the site. The Corporate Emergency Response Team assumes responsibility for the response activities upon arrival at the site. All response efforts will be co-ordinated bythe Airline's Emergency Response Centre.


## 2 Training The Airlines covered by this submission have trained active and retired personnel to meetthe needs ofsurvivors and family members following an accident. Where an agent ofthe airline is expected to provide assistance to passengers and families of passengers following an accident, theAirline will ensure thatthe agent has been provided with adequate training. 

## 3 Working 

## with Designated Organisations The Airline will workwith the organisation designated pursuant to section 1136(a)(2) to provide assistance to families at the site ofthe aircraft accident.


## 4 Handling Enquiries from the Family The Airline's Plan provides forthe publication ofatoll free telephone number, capable of receiving inquiries from the family members in Canada and the United States in the event ofan aircraft accident. The toll free numberwill be answered by Air Canada's Call Centres, which are capable of re-routing incoming calls and can, if required, be dedicated solely to answering calls from family members.

-----------··-·----- 1The term Airline as used in this document refers toAir Canada, 8165343 Canada Inc. d.b.a. Air Canada rouge, Air Georgian Limited (d.b.aAir Canada Express), Jazz Aviation Limited Partnership (d.b.a. Air Canada Express} and 

### Sky Regional Airlines (d.b.a. Air Canada Express).


### 2

## 5 

## list of Passengers The Airline's Customer Journey Management department is responsible for locking out the passenger name list and passenger name record of passengers on the effected flight. Further, CustomerJourney Management is responsible for reconciling this name list and producingthe passenger manifest. Until the passenger name list has been verified, the passenger name listwill be considered unconfirmed and will not be used to confirm the presence ofa passenger on the flight. The passenger name list is a confidential document and as such is notto be distributed or copied without permission from the Director Emergency Response or his deputy. CustomerJourney Management will distributethe passenger name list(s) tothe following: 

### • 

## • • • The Airline's Director Emergency Response Air Canada's Call Centres Air Canada's Special Assistance Centre Codeshare and/or Alliance carriers (if required) Further, the passenger name list, containingthe best information available atthe time ofthe request, will be made available tothe following agencies upon request: • National Transportation Safety Board ofthe United States • The organisation designated pursuantto section 1136(a)(2) • United States Department ofState 

## 6 Notification of Families The Airline's Plan provides for notifyingthefamilies ofpassengers involved in an aircraft accident as soon as possible after the passenger has been verified as having boarded the aircraft. Notification will be performed based on contact information available in the Passenger Name record for the passengers on board the aircraft and, where required, Passenger Manifest Cards supplied by the passengers on boardingthe aircraft. In the eventthat the passenger has not supplied contact information, staffin the Special Assistance Centre will attempt to determine a contact forthe family ofthe passenger and contact the family. The time required to complete the process of notification ofall ofthe families of passengers on board the aircraft involved in the accident is limited by the accuracy ofthe contact information that has been supplied by the passenger.



### 3

## 7 Travel and Care Expenses The Airline will transportto the site ofthe accident, at its expense, those family members that wish to be present at the site. Family members that have decided totravel totthe site ofthe accident will be provided with accommodations and will have all reasonable meal and travel expenses paid while at the site.


## 8 Disposition of Remains and Personal Effects The Airline will ensure that the family ofeach deceased passenger is consulted about the disposition ofthe remains ofthe passenger. It is the Airline's intentto use athird partyto handle the personal effects of passengers involved in the aircraft accident. The Airline will instructthat partyto inform the family ofthe condition ofthe personal effects and to obtain from the family instructionsfor the return ofthe items. The Airline will respect the instructions provide by thefamily. Where there are personal effects that have not been claimed by the families of passengers, 'the effects will be photographed and a catalogue containingthe photographs will be circulated to families. All unclaimed personal effects will be retained for a minimum ofeighteen months.


## 9 Monuments Should the Airline decide to erect, in the United States, a monumenttothe memory of passengers involved in an aircraft accident, the Airline will consult the families ofthe passengers as tothe construction of, and inscription on, the monument. 

## 10 Equal Treatment of Passengers All passengers, including an employee ofan air carrier orforeign air carrier aboard an aircraft and any person aboard the aircraft without regard to whetherthe person paid for thetransportation, occupied aseat or held a reservation forthe flight will be treated equally.


### 11 Service 

## and Assistance to Families 

## and Passengers The Airline has ateam ofspecially trained volunteers who will be responsible for ensuringthatthe physical needs ofpassengers and families of passengers are take care



### 4of. This group ofvolunteers will work with organisations designated pursuantto section 1136(a)(2). Where the passenger, orthe family ofa passenger, requires professional health services, the Airline will look to the agencies designated by the National Transportation Safety Board to ensure thatthese services are provided. 

## 12 Consultation ConcerningAssistance to United States Citizens The Airline will, where itvolunteers assistance to United States citizens within the United states with respect to an aircraft accident outside the United States involving major loss oflife, consult with the NationalTransportation Safety Board and the Department ofState on provision ofassistance. 

## 13 Compensation to 

## Service Organisations The Airline will provide reasonable compensation to the organisation designated pursuant to section 1136(a)(2) for services and assistance provided bythat organisation.


## 14 Notification to Owner of 

## Property Where there is significant ground damageto non-government property, the Airline will notifythe owner of property about liabilityfor any property damage and the means for obtaining compensation. This notification shall advise the property ownerto contactthe property's insurer as the authoritative source about coverage and compensation, not to rely on unofficial information form the air carrier's representative about compensation bythe air carrierfor the accident-site property damage and to advise the property ownerto obtain photographic or other evidence of property damage as soon as practicable after the accident, under reserve of restrictions on accessing the accident site. 

## 15 SimultaneousTransmission of NTSB Hearings The Airline will, wherethe NTSB conducts a public accident hearing at a location more than 80 miles forthe accident site, ensure thatthe hearing will be available electronically live at the origin city and destination city, ifthat city is in the United States.



### 5

### EXHIBIT I SPECIMEN FOREIGN AIR CARRIER PERMIT

### Issued by Order

___ _ UNITED STATES OFAMERICA 

### DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON,D.C. PERMITTO FOREIGNAIR CARRIER 8165343 CanadaInc. d/b/aAirCanadarouge A ForeignAirCarrierofCanada 

### is authorized, subject to the following provisions, the provisions ofTitle 49 ofthe U.S. Code, and the orders, rules, and regulations of the Department of Transportation, to engage in: Scheduled foreign air transportation of persons, property, and mail from points behind Canada, via Canada and intermediate points, to a point or points in the United States and beyond; Scheduled and charter foreign air transportation of property and mail between any point or points in the United States and any other point or points; and Charter foreign air transportation of persons, property and mail between any point or points in Canada and any point or points in the United States and any point orpoints in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to Canada andtheUnited States. 

### The holder shall also be authorized to engage in other charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department's regulations governing charters. This permit and the exercise ofthe privileges granted in it shall be subject to the terms, conditions, and limitations inboththe order issuing this permit and the attachmentto this order, and to applicable provisions of any treaty, convention or agreement affecting international air transportation now in effect, or that may become effective during the period this permit remains in effect, to which the United States and the holder's homeland are or shall becomeparties. In addition, the holder, in exercising the privileges granted in this permit, may only use aircraft wet leasedfrom a duly authorized and properly supervised U.S. or foreign air carrier (or operatethrough a code-share arrangementwith such a carrier, where the holder

### is not physically operating the flight), unless the Department has removed this condition by subsequent Order. This permit shall be effective on . Unless otherwise terminated at an earlier date pursuant to the terms ofany applicable treaty, convention, or agreement, this permit shall terminate (1) uponthe dissolution or liquidation ofthe holder to whom it was issued; (2) upon the effective date of any treaty, convention, or agreement or amendment, which shall have the effect ofeliminatingthe right for the service authorized by this permit from the service which may be operated by airlines designated by the Government ofCanada (or, ifthe right is partially eliminated, then the authority ofthis permit shall terminate in like part); (3) upon the effective date ofany permit granted by the Department to any other carrier designated by the Government ofCanada in lieu of

- the holder; or (4) upon the termination or expiration of the applicable air services agreement between the United States and Canada. However, clause (4) ofthis paragraph shall not apply ifprior to such termination or expiration, the foreign air transportation authorized herein becomes the subject of another treaty, convention, or agreement to whichthe United States and Canadabecomeparties. The Department of Transportation has executed this permit and affixed its seal on

By:


### Assistant Secretary for Aviation and International Affairs

### CERTIFICATE OF SERVICE 

### I hereby certify that I have this date served the foregoing document on the persons identified below by causing a copy to be sent by electronic mail. robert.wirick@aa.com francis.heil@aa.com anbird@fedex.com sllunsford@fedex.com howard.kass@usairways.com dan.weiss@united.com benjamin.slocum@usairways.com gmurphy@crowell.com (Counsel for United Airlines) lhalloway@crowell.com (Counsel for United Airlines) sascha.vanderbellen@delta.com jyoung@yklaw.com (Counsel for Spirit Airlines) dkirstein@yklaw.com (Counsel for Spirit Airlines) marshall.sinick@ssd.com (Counsel forAlaska Airlines) agoerlich@ggh-airlaw.com (Counsel for Allegiant and Ryan International) charters@evergreenairlines.com rpommer@atlasair.com kevin.montgomery@polaraircargo.com anita.mosner@hklaw.com (Counsel for United Parcel Service) mlbenge@zsrlaw.com (Counsel for World Airways) john.allen@faa.gov urskr@state.gov todd.homan@dot.gov peter.irvine@dot.gov

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