Decision No. 103-A-2010

March 26, 2010

File No. M4835-2-57

Air Canada, on behalf of itself and Corsair carrying on business as Corsairfly (Corsair), has applied to the Canadian Transportation Agency (Agency) for approvals to permit:

1. Air Canada to provide its scheduled international services between Canada and Member States of the European Community (Member States) by selling transportation in its own name on flights operated by Corsair; and
2. Corsair to provide its scheduled international services between Canada and Member States by selling transportation in its own name on flights operated by Air Canada.

These approvals are requested for an indefinite period.

Air Canada and Corsair are licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States signed on December 18, 2009 (Agreement).

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 (CTA) and section 8.2 of the ATR, approves the use by:

1. Air Canada of aircraft and flight crew provided by Corsair, and the provision by Corsair of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international services on licensed routes between Canada and Member States by selling transportation in its own name on flights operated by Corsair; and
2. 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 services on licensed routes between Canada and Member States by selling transportation in its own name on flights operated by Corsair.

These approvals are granted for an indefinite period from the date of this Decision, and are subject to the following conditions:

1. Air Canada and Corsair shall continue to hold the valid licence authorities.
2. Air Canada and Corsair shall apply their published tariffs, in effect, to the carriage of their 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 services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
4. Air Canada and Corsair 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. Air Canada and Corsair shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Air Canada and Corsair 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.
7. Air transportation using Air Canada's codes on flights operated by Corsair between points within the same Member State shall not be sold separately and shall only be available to traffic carried on a continuous journey between Canada and Member States under Air Canada's code.
8. Air transportation using Corsair's code on flights operated by Air Canada between points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey between Member States and Canada.

These approvals do not exempt Air Canada and Corsair from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Raymon J. Kaduck
• Jean-Denis Pelletier, P. Eng.