Decision No. 1-A-2016

LACSA, on behalf of itself and Turkish Airlines, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Turkish Airlines to provide its scheduled international service between Turkey and each of the following countries: Costa Rica and El Salvador by selling transportation in its own name on flights operated by LACSA between Toronto, Ontario, Canada and San José, Costa Rica via San Salvador, El Salvador, for an indefinite period.

Turkish Airlines is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Turkey on Air Transport initialed ad referendum on March 13, 2009 (Canada-Turkey Agreement). Under the terms of the Canada-Turkey Agreement, code sharing between designated airlines and third-country carriers is permitted, including on flights between points in Canada and points beyond Canada.

LACSA is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Costa Rica on Air Transport signed on August 11, 2011.

The Agency has considered the application and the material in support and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (ATR).

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, approves the use by Turkish Airlines of aircraft with flight crew provided by LACSA, and the provision by LACSA of such aircraft and flight crew to Turkish Airlines, to permit Turkish Airlines to provide its scheduled international service between Turkey and each of the following countries: Costa Rica and El Salvador by selling transportation in its own name on flights operated by LACSA between Toronto and San José via San Salvador, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:

1. Turkish Airlines shall continue to hold the valid licence authority.
2. Turkish Airlines shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
3. The air service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
4. Turkish Airlines and LACSA 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.
5. Turkish Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Turkish Airlines and LACSA shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreement, including any new or amended annex, without delay.