Decision No. 232-A-2013

Air Canada also carrying on business as Air Canada rouge (Air Canada), on behalf of itself and Brussels Airlines NV/SA (Brussels Airlines), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide international air services on a scheduled basis between Canada and each of Burundi, Burkina Faso, Ghana and Uganda by selling transportation in its own name on flights operated by Brussels Airlines between Belgium and each of Burundi, Burkina Faso, Ghana and Uganda, for such period as may be authorized by the Agency commencing June 16, 2013.

Air Canada is licensed to operate, through code sharing, international air services on a scheduled basis, using large and all-cargo aircraft, between Canada and each of Burundi, Burkina Faso, Ghana and Uganda, until June 15, 2014.

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).

With respect to the duration of the approval requested, in light of the expiry of the licence authorities to serve Burundi, Burkina Faso, Ghana and Uganda, the Agency considers an approval until June 15, 2014 to be appropriate.

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 Air Canada of aircraft and flight crew provided by Brussels Airlines, and the provision by Brussels Airlines of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its international air services on a scheduled basis between Canada and each of Burundi, Burkina Faso, Ghana and Uganda by selling transportation in its own name on flights operated by Brussels Airlines between Belgium and each of Burundi, Burkino Faso, Ghana and Uganda, from June 16, 2013 to June 15, 2014.

This approval is subject to the following conditions:

1. Air Canada shall continue to hold the valid licence authority.
2. Air Canada 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 services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
4. Air Canada and Brussels 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. Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Air Canada and Brussels 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 Air Canada’s code on flights operated by Brussels Airlines between Belgium and each of Burundi, Burkina Faso, Ghana and Uganda shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air Canada’s code between Canada and each of Burundi, Burkina Faso, Ghana and Uganda. No local traffic may be carried under Air Canada’s code between Belgium and each of Burundi, Burkina Faso, Ghana and Uganda.