Decision No. 149-A-2000

March 7, 2000

File No. M4835-2-29

Docket No. 000191AG

Canadi*n, on behalf of itself and Air Canada, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on February 16 , 2000.

Under Licence No. 975013, Canadi*n is authorized to operate a scheduled international service, large aircraft, between Mexico and Canada in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States signed on December 21, 1961 (hereinafter the Agreement).

Under Licence No. 980183, Air Canada is authorized to operate a scheduled international service, medium aircraft, and a scheduled international service, large aircraft, between Canada and Mexico in accordance with the Agreement.

The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that it meets the requirements set out in 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 (hereinafter the CTA) and section 8.2 of the ATR, hereby approves the use by Canadi*n of aircraft and flight crew provided by Air Canada, and the provision of such aircraft and flight crew by Air Canada to Canadi*n to permit Canadi*n to sell transportation in its own name and apply its own code on flights operated by Air Canada between Toronto and Mexico City and between Vancouver and Mexico City, for a period of three (3) years commencing April 2, 2000, subject to the following conditions:

1. Canadi*n and Air Canada shall continue to hold the required licence authorities.
2. Canadi*n and Air Canada shall apply their published tariffs, on file with the Agency and in effect, to the carriage of their traffic between Canada and Mexico. 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.

Canadi*n and Air Canada are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

Canadi*n and Air Canada are further reminded to provide the Agency with a copy of any amendments to their commercial agreement or of any new or amended annex, upon signature.

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