Order No. 2004-A-436

October 18, 2004

File No. M4110/A940-1

By Decision No. LET-A-76-2003 dated April 2, 2003, the Canadian Transportation Agency (hereinafter the Agency) advised All Nippon Airways Co., Ltd. (hereinafter All Nippon) that a review of its computerized reservation system has revealed that All Nippon may have been collecting an insurance surcharge that was not set out in its tariff on file and in effect with the Agency. Accordingly, the Agency provided All Nippon an opportunity to show cause, by no later than fourteen (14) days from the date of the decision, why the Agency should not find the carrier to be in contravention of subsection 110(4) of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR); and why the Agency should not, pursuant to section 26 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), require All Nippon to cease and desist from collecting an insurance surcharge that had not been filed in its tariff with the Agency, and direct All Nippon to take any other measures the Agency considers appropriate under section 113.1 of the ATR.

On April 14, 2003, in response to Decision No. LET-A-76-2003, Airline Tariff Publishing Company, Agent (hereinafter ATPCo), on behalf of All Nippon, amended the carrier's tariff to include an insurance surcharge provision, effective May 29, 2003. A surcharge of CAD$4.70/USD$3.20 was applicable for tickets issued on/before July 31, 2003. On September 18, 2003, ATPCo, on behalf of All Nippon, filed a tariff revision with the Agency extending the insurance surcharge to tickets issued on/before December 31, 2003. On March 3, 2004, ATPCo, on behalf of All Nippon, filed another tariff revision with the Agency extending the insurance surcharge for tickets issued on/before March 27, 2004. The Agency has since reviewed the fares charged by All Nippon and it appears that, in keeping with the expiry date of March 27, 2004, the insurance surcharge is no longer being collected by the carrier.

Upon careful examination of this matter, the Agency concludes that, from on or about April 2, 2003 to May 29, 2003, All Nippon, by applying the above-referred insurance surcharge, did not apply the terms and conditions of carriage specified in its international tariff on file with the Agency, and thereby contravened subsection 110(4) of the ATR.

In light of the action taken by All Nippon to amend its tariff to provide for an insurance surcharge, the Agency contemplates no further action in this matter.

With respect to the contravention set out above, the issuance of this Order does not in any way preclude any actions that may be taken against All Nippon pursuant to the Canadian Transportation Agency Designated Provisions Regulations, SOR/99-244.