Decision No. 114-A-2009
March 26, 2009
APPLICATION by Aerovias de Mexico S.A. de C.V. carrying on business as AeroMexico (AeroMexico), on behalf of itself, Delta Air Lines, Inc. carrying on business as Delta Air Lines, Delta, Delta Shuttle, Delta Express and Song (Delta), Atlantic Southeast Airlines, Inc. carrying on business as ASA, Atlantic Southeast Airlines and Delta Connection (Atlantic Southeast) and Comair, Inc. carrying on business as Delta Connection (Comair), pursuant to 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 an approval to permit AeroMexico to provide its scheduled international service between Mexico and Canada by selling transportation in its own name on flights operated by Delta, Atlantic Southeast and Comair between points in the United States of America and points in Canada.
File No. M4835-20-1
AeroMexico, on behalf of itself, Delta, Atlantic Southeast and Comair, has applied to the Canadian Transportation Agency (Agency) for the approval set out in the title. The application was complete on March 13, 2009.
AeroMexico 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.
Under Licence No. 990151, AeroMexico is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States signed on December 21, 1961, as amended (Agreement).
Under the terms of the Agreement, code sharing between designated airlines and third-country carriers is permitted. That is, while providing services between Canada and Mexico, the designated airlines may code share on each other's flights, or on flights operated by a carrier of a third country.
With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by AeroMexico 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), orders that AeroMexico be exempt from the application of subsection 8.2(2) of the ATR.
The Agency has reviewed and 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 CTA and section 8.2 of the ATR, approves the use by AeroMexico of aircraft and flight crew provided by Delta, Atlantic Southeast and Comair, and the provision by Delta, Atlantic Southeast and Comair of such aircraft and flight crew to AeroMexico, to permit AeroMexico to provide its scheduled international service on licensed routes between Mexico and Canada by selling transportation in its own name on flights operated by Delta, Atlantic Southeast and Comair between points in the United States of America and points in Canada, from the date of this Decision to March 31, 2012, subject to the following conditions:
- AeroMexico shall continue to hold the required licence authority.
- AeroMexico shall apply its published tariffs, 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 tariffs.
- The air service approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- Air transportation using AeroMexico's code on flights operated by Delta, Atlantic Southeast and Comair between points in the United States of America and points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under AeroMexico's code between Mexico and Canada. No local traffic may be carried under AeroMexico's code between points in the United States of America and points in Canada.
AeroMexico, Delta, Atlantic Southeast and Comair are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
AeroMexico and Delta are further reminded to provide the Agency with a copy of any new agreement or amendments to their commercial agreement, including any new or amended annex, without delay.
This approval does not exempt AeroMexico, Delta, Atlantic Southeast and Comair from the requirements of other legislative acts or regulations, including those of Transport Canada.
Members
- John Scott
- Jean-Denis Pelletier, ing./P. Eng.
Member(s)
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