Order No. 1990-A-132
April 18, 1990
IN THE MATTER OF an application by Continental Airlines Inc. doing business as Continental Airlines for the necessary authority to operate a scheduled international service between Toronto Island Airport, Ontario, Canada; and Newark, New Jersey, U.S.A.; and between Montreal and Ottawa and Newark, via Toronto Island Airport by means of a code-sharing program with Air Atonabee Limited carrying on business as City Express - Cité Express.
File No. M4895-C191-2
Docket No. 90244
WHEREAS by letter dated March 20, 1990, Continental Airlines Inc. doing business as Continental Airlines (hereinafter Continental Airlines) has applied for authority to operate a scheduled international service between Toronto Island Airport and Newark; and between Ottawa and Montreal and Newark via Toronto Island Airport by allowing its designator code "CO" to be used on Air Atonabee Limited carrying on business as City Express - Cité Express' (hereinafter City Express) flights between those points;
AND WHEREAS by letter dated March 15, 1990, the Minister of Transport advised the Agency that he has provided the necessary authority to Continental Airlines to permit it to operate the requested air service by way of a code-sharing program, subject to certain conditions;
AND WHEREAS the Agency has taken note of the fact that Continental Airlines will not operate between these points using its own equipment nor is it eligible under subsection 89(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), to be licensed to operate such service.
NOW THEREFORE, IT IS ORDERED THAT:
- Continental Airlines is hereby exempted, pursuant to paragraph 70(1)(c) of the NTA, 1987, from the requirement of section 87 of the NTA, 1987 to hold a scheduled international licence in respect of the service to be provided under the code-sharing program with City Express.
- Transportation provided pursuant to this authority by Continental Airlines is limited to the use of the Continental Airlines designator code "CO" and trade name "Continental Express" on flights operated by City Express between the points Toronto Island Airport, Ontario, Canada and Newark, New Jersey, U.S.A., as well as connecting services from Ottawa and Montreal via Toronto Island Airport, subject to the following conditions:
- This authority is valid for a period of twenty-four (24) months from the date of this Order, contingent upon the continuation of the agreement between City Express and Continental Airlines.
- There must be full disclosure in computer reservation systems and elsewhere, of the identity of the carrier operating the service.
- In providing transportation through the use of its code, Continental Airlines must accept all obligations established in its contract of carriage with the passenger.
- Transportation provided under the Continental Airlines code is limited to passenger trips having a point of origin or destination in the United States; transportation solely between points in Canada is prohibited.
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