Decision No. 115-A-2009
March 27, 2009
APPLICATION by Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines, on behalf of itself and Jet Airways (India) Limited, 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 Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines to provide its scheduled international services on licensed routes between Canada and Belgium, and behind Belgium to India, by selling transportation in its own name on flights operated by Jet Airways (India) Limited between Toronto, Ontario, Canada and Delhi, India, via Brussels, from March 29 to October 24, 2009.
File No. M4835-46-2
Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines (Brussels Airlines), on behalf of itself and Jet Airways (India) Limited (Jet Airways), has applied to the Canadian Transportation Agency (Agency) for the approval set out in the title. The application was complete on March 20, 2009.
The Agency notes that this application is a renewal of the approval granted by Decision No. 516-A-2008 dated October 15, 2008.
Under Licence No. 040055, Brussels Airlines is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Belgium on Air Transport signed on May 13, 1986, 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 Belgium, the designated airlines may code share on each other's flights, or on flights operated by a carrier of a third country.
The Agency has reviewed and 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 and section 8.2 of the ATR, approves the use by Brussels Airlines of aircraft and flight crew provided by Jet Airways, and the provision by Jet Airways of such aircraft and flight crew to Brussels Airlines, to permit Brussels Airlines to provide its scheduled international services on licensed routes between Canada and Belgium, and behind Belgium to India, by selling transportation in its own name on flights operated by Jet Airways between Toronto and Delhi, via Brussels, from March 29 to October 24, 2009, subject to the following conditions:
- Brussels Airlines shall continue to hold the required licence authority.
- Air transportation using Brussels Airlines' code on flights operated by Jet Airways between Toronto and Brussels may not have the same flight numbers as those assigned to Brussels Airlines' flights between Brussels and Delhi.
- Brussels Airlines 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.
- The approval granted does not apply to the carriage of cargo.
Brussels Airlines and Jet Airways are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
Brussels Airlines and Jet Airways 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 Brussels Airlines and Jet Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.
Members
- J. Mark MacKeigan
- Jean-Denis Pelletier, ing./P. Eng.
Member(s)
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