Decision No. 23-A-2015

United Airlines, Inc. carrying on business as United, United Airlines, Continental, Continental Micronesia and Air Micronesia (United Airlines), on behalf of itself and Scandinavian Airlines System (SAS) [SAS], has applied to the Canadian Transportation Agency (Agency) for an approval to permit SAS to provide its scheduled international service between Norway and Canada by selling transportation in its own name on flights operated by United Airlines between the United States of America and Canada, for an indefinite period or such period as may be authorized by the Agency.

SAS is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Kingdom of Norway on Air Transport initialled ad referendum on February 17, 1989.

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

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 SAS of aircraft with flight crew provided by United Airlines, and the provision by United Airlines of such aircraft and flight crew to SAS, to permit SAS to provide its scheduled international service on licensed routes between Norway and Canada by selling transportation in its own name on flights operated by United Airlines between the United States of America and Canada, for an indefinite period beginning on March 2, 2015.

This approval is subject to the following conditions:

1. SAS shall continue to hold the valid licence authority.
2. SAS 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. SAS and United Airlines 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. SAS shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. SAS and United Airlines 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.
7. Air transportation using SAS’s code on flights operated by United Airlines between the United States of America and Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under SAS’s code between Norway and Canada. No local traffic may be carried under SAS’s code between the United States of America and Canada.