Decision No. 134-A-2010
Decision rescinded by Decision No. 42-A-2015.
April 19, 2010
APPLICATION by Société Air France carrying on business as Air France, on behalf of itself and Delta Air Lines Inc. carrying on business as Delta Air Lines; Delta; Delta Shuttle; and Song, for an approval 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.
File No. M4835-32-10
Société Air France carrying on business as Air France (Air France), on behalf of itself and Delta Air Lines, Inc. carrying on business as Delta Air Lines; Delta; Delta Shuttle; and Song (Delta), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air France to provide its scheduled international services between France and Canada via the United States of America, and between France and beyond Canada to the United States of America by selling transportation in its own name on flights operated by Delta, for an indefinite period.
Air France has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (CTA), exempts Air France from the application of subsection 8.2(2) of the ATR.
Air France is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States signed on December 18, 2009 (Agreement).
The Agency has considered the application and the material in support 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 France of aircraft and flight crew provided by Delta, and the provision by Delta of such aircraft and flight crew to Air France, to permit Air France to provide its scheduled international services on licensed routes between France and Canada via the United States of America, and between France and beyond Canada to the United States of America by selling transportation in its own name on flights operated by Delta, for an indefinite period from the date of this Decision.
This approval is subject to the following conditions:
- Air France shall continue to hold the valid licence authority.
- Air France 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.
- The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- Air France and Delta 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.
- Air France shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Air France and Delta 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.
- The carriage of local traffic between points in Canada under Air France's name or on aircraft operated by Delta is prohibited.
This approval does not exempt Air France and Delta from the requirements of other legislative acts or regulations, including those of Transport Canada.
Members
- J. Mark MacKeigan
- Jean-Denis Pelletier, P. Eng.
Member(s)
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