Decision No. 100-A-2010

March 25, 2010

File No. M4835-39-2

Trans States Airlines, LLC carrying on business as, among others, United Express (Trans States), on behalf of itself and All Nippon Airways Co., Ltd. (All Nippon), has applied to the Canadian Transportation Agency (Agency) for an approval to permit All Nippon to provide its scheduled international service between Japan and Canada by selling transportation in its own name on flights operated by Trans States between points in the United States of America and points in Canada, for an indefinite period.

Trans States has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (ATR), which requires the filing of an application for an approval at least 45 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 Canada Transportation Act (CTA), exempts Trans States from the application of subsection 8.2(2) of the ATR.

All Nippon is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Japan for Air Services signed on January 12, 1955, as amended (Agreement).

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.

With respect to the duration of the approval requested, in light of the provisions of the Agreement, the Agency considers that a term of three years would be appropriate.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act (CTA) and section 8.2 of the ATR, approves the use by All Nippon of aircraft and flight crew provided by Trans States, and the provision by Trans States of such aircraft and flight crew to All Nippon, to permit All Nippon to provide its scheduled international service on licensed routes between Japan and Canada by selling transportation in its own name on flights operated by Trans States between points in the United States of America and points in Canada, for a period of three years from the date of this Decision.

This approval is subject to the following conditions:

1. All Nippon shall continue to hold the valid licence authority.
2. All Nippon 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 services remains in effect.
4. All Nippon and Trans States 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. All Nippon and Trans States shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. All Nippon and Trans States 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.

This approval does not exempt All Nippon and Trans States from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• John Scott
• J. Mark MacKeigan