Decision No. 14-A-2017

Decision rescinded by 22-A-2017">Decision No. 22-A-2017
January 25, 2017
APPLICATION by Delta Air Lines, Inc. carrying on business as Delta Air Lines, as Delta and as Delta Shuttle (Delta), on behalf of China Eastern Airlines Corporation Limited also carrying on business as China Eastern Airlines and as China Eastern (China Eastern) and GoJet Airlines LLC carrying on business as United Express and as Delta Connection (GoJet), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Case number: 
17-00202

Delta, on behalf of China Eastern and GoJet, has applied to the Canadian Transportation Agency (Agency) for an approval to permit China Eastern to provide its scheduled international service between China and Canada by selling transportation in its own name on flights operated by GoJet between Canada and the United States of America, for an indefinite period.

Delta has also requested an exemption from the application of subsection 8.2(2) of the 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 CTA, exempts Delta from the application of subsection 8.2(2) of the ATR.

China Eastern is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the People’s Republic of China on Air Transport signed on September 9, 2005.

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 China Eastern of aircraft with flight crew provided by GoJet, and the provision by GoJet of such aircraft and flight crew to China Eastern, to permit China Eastern to provide its scheduled international service on licensed routes between China and Canada by selling transportation in its own name on flights operated by GoJet between Canada and the United States of America, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:

  1. China Eastern shall continue to hold the valid licence authority.
  2. China Eastern 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.
  3. The air service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
  4. China Eastern and GoJet 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. China Eastern shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Delta, China Eastern and GoJet 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.

Member(s)

Sam Barone
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