Decision No. 180-A-2011

May 16, 2011

May 16, 2011

APPLICATION by Air Canada, on behalf of itself and Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines, 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. M4835-2-60


Air Canada, on behalf of itself and Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines (Brussels Airlines), has applied to the Canadian Transportation Agency (Agency) for an approval topermitAir Canadato provide its scheduled international services betweenCanadaandeach of Burundi, Burkina Faso, Ghana, Rwanda and Ugandaby selling transportation in its own name on flightsoperated by Brussels Airlines between Belgium and each of Burundi, Burkina Faso, Ghana, Rwanda and Uganda, commencing on June 16, 2011,for as long a period as the Agency deems appropriate.

Air Canada is licensed to operate, through code sharing only, international air services on a scheduled basis, using large and all-cargo aircraft, between Canada and each of Burundi, Burkina Faso, Ghana, Rwanda and Uganda, until June 15, 2012.

The Agency has considered the application and the material in support and is satisfied that it meets the requirementsof section 8.2 of the Air Transportation Regulations(ATR).

With respect to the duration of the approval requested, in light of the expiry of the licence authorities to serve Burundi, Burkina Faso, Ghana, Rwanda and Uganda, the Agency considers an approval until June 15, 2012 to be appropriate.

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 Air Canada of aircraft and flight crew provided by Brussels Airlines, and the provision by Brussels Airlines of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international services on licensed routes between Canada and each of Burundi, Burkina Faso, Ghana, Rwanda and Uganda by selling transportation in its own name on flights operated by Brussels Airlines between Belgium and each of Burundi, Burkina Faso, Ghana, Rwanda and Uganda, from June 16, 2011 to June 15, 2012.

This approval is subject to the following conditions:

  1. Air Canada shall continue to hold the valid licence authorities.
  2. Air Canada 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 services approved shall only be provided as long as acode-sharing agreementproviding for such services remains in effect.
  4. Air CanadaandBrussels Airlinesshall 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 shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Air Canada and Brussels Airlines shall provide the Agency with a copy of any new agreement or amendments to theircode-sharing agreement, including any new or amended annex, without delay.
  7. Air transportation using Air Canada's code on flights operated by Brussels Airlines between Belgium and each of Burundi, Burkina Faso, Ghana, Rwanda and Uganda 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 each of Burundi, Burkina Faso, Ghana, Rwanda and Uganda.

This approval does not exempt Air Canada and Brussels Airlines from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

  • Raymon J. Kaduck
  • J. Mark MacKeigan

Member(s)

Raymon J. Kaduck
J. Mark MacKeigan
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