Decision No. 207-A-2016

June 30, 2016

APPLICATIONS by Air Canada carrying on business as Air Canada rouge and as Air Canada Cargo, on behalf of itself and all relevant code share partners, and by Société Air France carrying on business as Air France, on behalf of itself and Middle East Airlines Airliban S.A.L. (collectively referred to as the “applicants”), seeking an indefinite approval relating to code-sharing authorities approved in the decisions listed below issued by the Canadian Transportation Agency (Agency) 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: 
16-03157
16-03173

[1] The Agency issued the Decisions below authorizing the applicants to provide their international air services, through code-sharing, on a scheduled basis between Canada and various countries by selling transportation in their own name (licensee or marketing carrier) on flights operated by the other party (operating carrier):

Decision No. Service Between Licensee/ Marketing Carrier Operating Carrier Expiry Date of the Decision
198-A-2015 Canada and Iran Air Canada Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) July 1, 2016
283-A-2015 Canada and the Democratic Republic of the Congo Air Canada Brussels Airlines N.V./S.A. (Brussels Airlines) August 31, 2016
363-A-2015 Canada and Belize Air Canada United Airlines, Inc. November 28, 2016
38-A-2016 Canada and Lebanon Air Canada Turkish Airlines Inc. February 14, 2017
39-A-2016 Canada and Lebanon Air Canada Aegean Airlines S.A. February 14, 2017
40-A-2016 Canada and Lebanon Air Canada Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines) and Lufthansa CityLine GmbH February 14, 2017
42-A-2016 Canada and Lebanon Air Canada Middle East Airlines Airliban S.A.L. (MEA) February 14, 2017
42-A-2016 Lebanon and Canada MEA Air Canada February 14, 2017
45-A-2016 Lebanon and Canada MEA Société Air France February 14, 2017
64-A-2016 Canada and Bolivia Air Canada VRG Linhas Aéreas S/A March 17, 2017
86-A-2016 Canada and Bolivia Air Canada Aerovias del Continente Americano S.A. March 17, 2017
146-A-2016 Canada and Guinea Air Canada Brussels Airlines June 30, 2017
146-A-2016 Canada and Angola Air Canada Brussels Airlines June 30, 2017
146-A-2016 Canada and Cameroon Air Canada Brussels Airlines June 30, 2017
156-A-2016 Canada and Sri Lanka Air Canada SriLankan Airlines Limited June 30, 2017
156-A-2016 Sri Lanka and Canada SriLankan Airlines Air Canada June 30, 2017

[2] The Decisions limit the duration of the code-sharing authorities up to the effective date of the licensee’s licence authority. In all these Decisions, the Agency’s approval of the code‑sharing arrangement between the applicants is conditional upon the licensee or marketing carrier maintaining its licence in effect to provide the international air services specified in the Decisions.

[3] In light of the fact that the annual renewal of these temporary licences is subject to the Agency’s approval, and in keeping with the Agency’s efforts to streamline its processes and to reduce the administrative burden on the applicants, the Agency no longer requires that the applicants seek and obtain its approval, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, to renew annually their code-sharing authorities to provide their international air services specified in the Decisions.

[4] Pursuant to paragraph 28(1)(a) of the CTA, the Agency may, in any order, direct that the order or a portion or provision of it shall come into force “at a future time”. The Agency therefore orders that upon the expiry date of Decision No. 198-A-2015; Decision No. 283-A-2015; Decision No. 363-A-2015; Decision No. 38-A-2016; Decision No. 39-A-2016; Decision No. 40-A-2016; Decision No. 42-A-2016; Decision No. 45-A-2016; Decision No. 64-A-2016; Decision No. 86‑A-2016; Decision No. 146-A-2016; and Decision No. 156-A-2016, the approvals are hereby renewed for an indefinite period, under the condition that all the conditions set out in the Decisions remain in effect.

Member(s)

P. Paul Fitzgerald
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