Decision No. 120-A-2008

March 18, 2008

File No. M4835-2-37

Air Canada, on behalf of itself and Eva Airways Corporation (Eva Airways), has applied to the Canadian Transportation Agency (the Agency) for the approval set out in the title. The application was received on March 5, 2008.

The Agency notes that this application is a renewal of the approval granted by Decision No. 414-A-2007 dated August 23, 2007.

Under Licence No. 990050, Air Canada is authorized, inter alia, to operate a scheduled international service, large aircraft, in a manner consistent with the Supplementary Confidential Memorandum on Air Services between the Canadian Trade Office in Taipei and the Civil Aeronautics Administration of the Ministry of Transportation and Communications in Taipei signed on February 25, 1999, as amended.

The Agency notes that the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (the ATR), and therefore an exemption from the application of this provision is necessary. The Agency is of the opinion that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, pursuant to paragraph 80(l)(c) of the Canada Transportation Act (the CTA), the Agency orders that Air Canada be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that it meets the remaining 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 Air Canada of aircraft and flight crew provided by Eva Airways, and the provision by Eva Airways of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service between Canada and Taipei by selling transportation in its own name on flights operated by Eva Airways between Vancouver and Taipei, from March 30 to October 25, 2008, subject to the following conditions:

1. Air Canada shall continue to hold the required licence authority.
2. Air Canada 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.
3. The air service approved herein shall only be provided as long as a code-sharing agreement providing for such services remains in effect.

Air Canada and Eva Airways are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

Air Canada and Eva 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.

The approval granted herein does not exempt Air Canada and Eva Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• John Scott
• J. Mark MacKeigan