Decision No. 12-A-2017

Air Canada, on behalf of itself and Jet Airways, has applied to the Canadian Transportation Agency (Agency) for approvals to permit:

1. Air Canada to provide its scheduled international service between Canada and India by selling transportation in its own name on flights operated by Jet Airways between Canada and India via points in Europe; and,
2. Jet Airways to provide its scheduled international service between India and Canada by selling transportation in its own name on flights operated by Air Canada between Canada and the United Kingdom.

These approvals are requested for an indefinite period beginning on February 21, 2017.

Air Canada is licensed to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of India on Air Transport signed on July 20, 1982 (Agreement).

Jet Airways is licensed to operate a scheduled international service in accordance with the 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 ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by:

1. Air Canada of aircraft with flight crew provided by Jet Airways, and the provision by Jet Airways of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service on licensed routes between Canada and India by selling transportation in its own name on flights operated by Jet Airways between Canada and India via points in Europe, and,
2. Jet Airways of aircraft with flight crew provided by Air Canada, and the provision by Air Canada of such aircraft and flight crew to Jet Airways, to permit Jet Airways to provide its scheduled international service on licensed routes between India and Canada by selling transportation in its own name on flights operated by Air Canada between Canada et the United Kingdom.

These approvals are granted for an indefinite period beginning on February 21, 2017, and are subject to the following conditions:

1. Air Canada and Jet Airways shall continue to hold the valid licence authorities.
2. Air Canada and Jet Airways 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 Jet Airways 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 Jet Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Air Canada and Jet Airways 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.