Decision No. 129-A-2006

March 7, 2006

File No. M4835-42-4

Delta Air Transport SA carrying on business as SN Brussels Airlines (hereinafter SN Brussels), on behalf of itself and American Airlines, Inc. (hereinafter American) and its affiliates, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on February 8, 2006.

The Agency notes that this application is a renewal of the approval granted by Decision No. 586-A-2005 dated September 26, 2005.

Under Licence No. 040055, SN Brussels 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 (hereinafter the Canada-Belgium Agreement).

Under the terms of the Canada-Belgium Agreement and of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995, codesharing 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 filed in support thereof and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (hereinafter the ATR).

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, hereby approves the use by SN Brussels of aircraft and flight crew provided by American and its affiliates, and the provision by American and its affiliates of such aircraft and flight crew to SN Brussels, to permit SN Brussels to provide its scheduled international service between Belgium and Canada by selling transportation in its own name on flights operated by American and its affiliates between New York and Montréal, from March 26 to October 29, 2006, subject to the following conditions:

1. SN Brussels shall continue to hold the required licence authority.
2. SN Brussels shall apply its published tariffs, on file with the Agency and 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 services approved herein shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
4. The approval granted herein does not apply to the carriage of cargo.
5. Air transportation using SN Brussels' code on flights operated by American and its affiliates between New York and Montréal shall not be sold separately and shall only be available to traffic carried on a continuous journey under SN Brussels' code between Belgium and Canada.

SN Brussels and American and its affiliates are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

SN Brussels and American 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 authority granted herein does not exempt SN Brussels and American and its affiliates from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Guy Delisle
• Mary-Jane Bennett