Decision No. 14-A-2011

January 18, 2011

APPLICATION by Air Canada, on behalf of itself and Jet Airways (India) Limited, for approvals 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. M4835-2-54

Air Canada, on behalf of itself and Jet Airways (India) Limited (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; 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 a period of three years.

Air Canada and Jet Airways are licensed to operate scheduled international services in accordance with the Agreement between the Government of Canada and the Government of India on Air Transport signed on July 20, 1982, as amended.

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).

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

1. Air Canada of aircraft and 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; and
2. Jet Airways of aircraft and 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 and the United Kingdom.

These approvals are granted from February 21, 2011 to February 20, 2014 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. The carriage of local traffic between points in Canada is prohibited.
7. Air transportation using Air Canada's code on flights operated by Jet Airways between Canada and India shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air Canada's code between Canada and India.
8. Air transportation using Jet Airways' code on flights operated by Air Canada between Canada and India shall not be sold separately and shall only be available to traffic carried on a continuous journey under Jet Airways' code between India and Canada.
9. 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.

These approvals do not exempt Air Canada and Jet Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan