Decision No. 23-A-2017

WestJet, on behalf of itself and Cathay Pacific, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Cathay Pacific to provide its scheduled international service between Hong Kong and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada as part of a continuous journey between Hong Kong and Canada, for a period of three years or such longer period as may be authorized by the Agency.

Cathay Pacific is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Hong Kong concerning Air Services signed on June 24, 1988.

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 ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Cathay Pacific of aircraft with flight crew provided by WestJet, and the provision by WestJet of such aircraft and flight crew to Cathay Pacific, to permit Cathay Pacific to provide its scheduled international service on licensed routes between Hong Kong and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada, for an indefinite period beginning on February 21, 2017.

This approval is subject to the following conditions:

1. Cathay Pacific shall continue to hold the valid licence authority.
2. Cathay Pacific 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. Cathay Pacific and WestJet 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. Cathay Pacific shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Cathay Pacific and WestJet 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 Cathay Pacific’s code on flights operated by WestJet between points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey without stopover under Cathay Pacific’s code between Hong Kong and Canada. No local traffic may be carried under Cathay Pacific’s code between points in Canada.