Decision No. 101-A-1998

March 12, 1998

File No. M4835-3-23

Canadi*n, on behalf of itself and BA, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application, dated January 16, 1998, was received on March 9, 1998 and amended on March 10, 1998.

Under Licence No. 975019, Canadi*n is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada concerning Air Services signed on June 22, 1988.

Under Licence No. 975018, Canadi*n is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Kingdom of the Netherlands and Canada relating to Air Transport signed on June 2, 1989.

Under Licence No. 975114, BA is authorized to operate a scheduled international service in accordance with the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada concerning air services signed on June 22, 1988.

With respect to the request by Canadi*n and BA to be exempted from the requirement of subsection 8.2(2) of the ATR, to file an application at least 45 days before the first planned flight, the Agency is of the opinion that compliance by Canadi*n and BA with subsection 8.2(2) of the ATR is unnecessary and impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, hereby orders that Canadi*n and BA be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed the application, and the material filed in support thereof, and is satisfied that it meets the remaining requirements set out in section 8.2 of the ATR. With respect to the proposed duration of the approval, the Agency is of the view that a three (3) year period is too lengthy in light of the fact that specific code share arrangements between Canadi*n and BA continue to evolve. Accordingly, the Agency is prepared to grant the approval for a period of one (1) year only. Pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, the Agency hereby grants approval to Canadi*n to sell transportation in its own name and apply its own code on flights operated by BA between London and Amsterdam for the carriage of Canadi*n's traffic between Canada and the Netherlands for a period of one (1) year from the date of this Decision. This approval is subject to the following conditions:

1. Canadi*n and BA shall continue to hold the required licence authorities.
2. Air transportation using Canadi*n's codes on BA's flights between London and Amsterdam shall not be sold separately and shall only be available to Canadi*n's traffic carried on a continuous journey, without a stopover, between Canada and Amsterdam.
3. Any operation is contingent upon, and must be consistent with the necessary approvals granted by the aeronautical authorities of the United Kingdom and the aeronautical authorities of the Netherlands, in respect of services between Canada and Amsterdam.
4. Each air carrier shall apply its published tariffs, on file with the Agency and in effect, to the carriage of its traffic. In particular, nothing in any commercial agreement between the two air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
5. During the period of this approval, the Agency shall be notified of any changes to the frequency of service or aircraft type at least ten (10) days prior to implementation.
6. Canadi*n and/or BA shall provide the Agency with a copy of any new or amended annexes and/or appendices to the commercial agreement within thirty (30) days after their signature.

Canadi*n and BA are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

The approval granted herein does not exempt Canadi*n and BA from the requirements of other legislative acts or regulations, including those of Transport Canada.