Decision No. 26-A-2013

United Air Lines, Inc., on behalf of GoJet Airlines LLC carrying on business as United Express and Delta Connection (GoJet) and All Nippon Airways Co., Ltd. (All Nippon), has applied to the Canadian Transportation Agency (Agency) for an approval to permit All Nippon to provide its scheduled international service between Japan and Canada by selling transportation in its own name on flights operated by GoJet between the United States of America and Canada, for a period of three years or such longer period as may be authorized by the Agency.

All Nippon is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Japan for Air Services signed on January 12, 1955, as amended (Agreement).

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 provisions of the Agreement, the Agency considers three years 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 All Nippon of aircraft and flight crew provided by GoJet, and the provision by GoJet of such aircraft and flight crew to All Nippon, to permit All Nippon to provide its scheduled international service on licensed routes between Japan and Canada by selling transportation in its own name on flights operated by GoJet between the United States of America and Canada, for a period of three years, commencing February 11, 2013.

This approval is subject to the following conditions:

1. All Nippon shall continue to hold the valid licence authority.
2. All Nippon 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. All Nippon and GoJet 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. All Nippon shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. All Nippon and GoJet 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 All Nippon’s code on flights operated by GoJet 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 All Nippon’s code between Japan and Canada.