Decision No. 236-A-2012

APPLICATION

Air Greenland A/S (Air Greenland), on behalf of itself and Bradley Air Services Limited also carrying on business as First Air and/or Ptarmigan Airways and/or Northwest Territorial Airways and/or NWT Air (First Air), has applied to the Canadian Transportation Agency (Agency) for authority and approval to permit Air Greenland to provide a non-scheduled international service on a unit toll basis between Greenland and Canada by selling transportation in its own name on flights operated by First Air between Iqaluit, Nunavut, Canada and each of Ottawa, Ontario, Canada and Montréal, Quebec, Canada, on June 15, 2012.

Air Greenland is authorized operate a non‑scheduled international service to transport traffic consistent with traffic requirements and operating conditions on a unit toll basis, to serve the points Nuuk, Greenland and Iqaluit.

Condition No. 1 of the Licence states:

1. The Licensee is authorized to transport traffic consistent with traffic requirements and operating condition on a unit toll basis, to serve the points Godthaad (Nuuk), Greenland and Iqaluit, Nunavut, Canada.

ANALYSIS AND FINDINGS

Authority under subsection 74(1) of the Canada Transportation Act (CTA)

In its consideration of this application, the Agency has determined that to operate the service as proposed, Condition No. 1 of the Licence must be varied to allow for the provision of services between Nuuk and each of Ottawa and Montréal.

The Agency may vary the terms and conditions of a non-scheduled international licence, pursuant to subsection 74(1) of the CTA.

The Agency has considered the application and the material in support and finds it appropriate to grant the variance.

Accordingly, the Agency, pursuant to subsection 74(1) of the CTA, varies Air Greenland’s licence to the extent necessary to permit it to also provide, through code sharing, a non-scheduled international service consistent with traffic requirements and operating conditions on a unit toll basis between Nuuk and each of Ottawa and Montréal, on June 15, 2012.

Application under section 60 of the CTA and section 8.2 of the Air Transportation Regulations (ATR)

The Agency is satisfied that the application 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 Air Greenland of aircraft and flight crew provided by First Air, and the provision by First Air of such aircraft and flight crew to Air Greenland, to permit Air Greenland to provide a non-scheduled international service on a unit toll basis between Greenland and Canada by selling transportation in its own name on flights operated by First Air between Iqaluit and each of Ottawa and Montréal, on June 15, 2012.

The approval is subject to the following conditions:

1. Air Greenland shall continue to hold the valid licence authority.
2. Air Greenland 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. Air Greenland and First Air 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 Greenland shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Air Greenland and First Air 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 Greenland’s code on flights operated by First Air between points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air Greenland’s code between Greenland and Canada.

This Decision takes effect on June 14, 2012, the date on which it was communicated to Air Greenland by the Secretary of the Agency.