Decision No. 16-A-2017

February 3, 2017
APPLICATION by Delta Air Lines, Inc. carrying on business as Delta Air Lines, as Delta and as Delta Shuttle (Delta), on behalf of itself; Compass Airlines, LLC, Endeavor Air, Inc., GoJet Airlines, LLC and SkyWest Airlines, Inc. all carrying on business as, among others, Delta Connection (Delta Connection); and Korean Air Lines Co. Ltd. (Korean), 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: 
17-00041

Delta, on behalf of itself, Delta Connection and Korean, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Korean to provide its scheduled international service between Korea and Canada, and beyond Canada to the United States of America, by selling transportation in its own name on flights operated by Delta and Delta Connection 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.

Korean is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Korea on Air Transport signed on September 22, 2014.

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 Korean of aircraft with flight crew provided by Delta and Delta Connection, and the provision by Delta and Delta Connection of such aircraft and flight crew to Korean, to permit Korean to provide its scheduled international service on licensed routes between Korea and Canada, and beyond Canada to the United States of America, by selling transportation in its own name on flights operated by Delta and Delta Connection 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. Korean shall continue to hold the valid licence authority.
  2. Korean 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. Delta, Delta Connection and Korean 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. Korean shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Delta, Delta Connection and Korean 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)

P. Paul Fitzgerald
Back to rulings
Date modified: