Decision No. 103-A-2009
March 20, 2009
APPLICATION by Air Canada, on behalf of itself and Corsair carrying on business as Corsairfly, pursuant to subsection 78(2) and section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, for extra-bilateral authority and an approval to permit Corsair carrying on business as Corsairfly to provide its scheduled international service on licensed routes between Canada and France by selling transportation in its own name on flights operated by Air Canada from each of Toronto, Ontario, and Montréal, Quebec, Canada, to Paris, France, from March 29 to October 25, 2009.
File Nos. M4835-2-57
M4212/C610-4
Air Canada, on behalf of itself and Corsair carrying on business as Corsairfly (Corsair) has applied to the Canadian Transportation Agency (Agency) for the approval set out in the title. The application was complete on March 11, 2009.
The Agency notes that this application is for renewal of the authority and approval granted by Decision No. 518-A-2008 dated October 16, 2008.
Under Licence No. 975149, Corsair is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the French Republic on Air Transport signed on June 15, 1976, as amended (Agreement).
Condition No. 2 of Licence No. 975149 reads as follows:
The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and France.
The Agency has reviewed and considered the application and the material in support.
Air Canada is requesting extra-bilateral authority to permit Corsair to provide its scheduled international service on licensed routes between Canada and France by selling transportation in its own name on flights operated by Air Canada from each of Toronto and Montréal to Paris. Under the terms of the Agreement, there is no provision for code-sharing services.
Due to the extra-bilateral nature of the application, the Agency, by letter dated February 19, 2009, gave notice of the application to parties that may have an interest, namely Air Transat A.T. Inc., carrying on business as Air Transat, Skyservice Airlines Inc. carrying on business as Skyservice, Aéroports de Montréal and the Greater Toronto Airports Authority (Toronto Airport). Aéroports de Montréal filed an intervention in support of the application and the Toronto Airport, in its intervention, advised that it does not oppose granting the requested extra-bilateral authority. No other interventions were received.
In its consideration of this application, the Agency has determined that to operate as proposed, Condition No. 2 of Licence No. 975149 must be varied to allow for the provision of services which are not permitted under the Agreement.
With respect to the duration of the approval and the licence condition variances that would permit the operation of the proposed services, the Agency is prepared to grant approval and licence condition variances from March 29, 2009 to October 25, 2009, as requested by Air Canada.
Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, varies Condition No. 2 of Licence No. 975149 held by Corsair to the extent necessary to authorize Corsair to provide its scheduled international service between Canada and France by selling transportation in its own name on flights operated by Air Canada between each of Toronto and Montréal and Paris, from March 29 to October 25, 2009.
With respect to the request for approval under section 60 of the CTA and section 8.2 of the ATR, the Agency is satisfied that the application meets the requirements of section 8.2 of the ATR.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Corsair of aircraft and flight crew provided by Air Canada, and the provision by Air Canada of such aircraft and flight crew to Corsair, to permit Corsair to provide its scheduled international service on licensed routes between Canada and France by selling transportation in its own name on flights operated by Air Canada between each of Toronto and Montréal and Paris, from March 29 to October 25, 2009.
The approval is subject to the following conditions:
- Corsair shall continue to hold the required licence authority.
- The carriage of local traffic between points in Canada is prohibited.
- Corsair shall apply its published tariff, in effect, to the carriage of its traffic. In particular, nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariff.
- The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- The approval granted herein do not apply to the carriage of cargo.
Air Canada and Corsair are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
Air Canada and Corsair are further reminded to provide the Agency with a copy of any new agreement or any amendments to their commercial agreement, including any new or amended annexes, without delay.
The authority and approval granted do not exempt Air Canada and Corsair from the requirements of other legislative acts or regulations, including those of Transport Canada.
This Decision shall form part of Licence No. 975149 and shall remain affixed thereto until October 25, 2009.
Members
- John Scott
- J. Mark MacKeigan
Member(s)
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