Decision No. 117-A-2010

April 8, 2010

File No. M4835-69-1

Edelweiss Air AG (Edelweiss), on behalf of itself and Swiss International Air Lines Ltd. also carrying on business as Swiss (Swiss), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Swiss to provide its scheduled international service between Switzerland and Canada by selling transportation in its own name on flights operated by Edelweiss between Switzerland and Canada, for an indefinite period starting on May 31, 2010.

Swiss is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Swiss Confederation signed on February 20, 1975 (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).

With respect to the duration of the approval requested, in light of the provisions of the Agreement, the Agency considers three years to be appropriate.

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 Swiss of aircraft and flight crew provided by Edelweiss, and the provision by Edelweiss of such aircraft and flight crew to Swiss, to permit Swiss to provide its scheduled international service on licensed routes between Switzerland and Canada by selling transportation in its own name on flights operated by Edelweiss between Switzerland and Canada, for a period of three years starting on May 31, 2010.

This approval is subject to the following conditions:

1. Swiss shall continue to hold the valid licence authority.
2. Swiss shall apply its published tariffs, in effect, to the carriage of its 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 service approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
4. Edelweiss and Swiss 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. Edelweiss and Swiss shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Edelweiss and Swiss 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.

This approval does not exempt Edelweiss and Swiss from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Raymon J. Kaduck
• John Scott