Decision No. 274-A-2016

September 1, 2016
APPLICATION by WestJet, on behalf of itself; Compass Airlines, LLC carrying on business as Compass Airlines and as Delta Connection (Compass); SkyWest Airlines, Inc. carrying on business as Delta Connection and as United Express (SkyWest); and Delta Air Lines, Inc. carrying on business as Delta Air Lines, as Delta and as Delta Shuttle (Delta), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c.10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Case number: 
16-03730

WestJet, on behalf of itself, Compass, SkyWest and Delta, has applied to the Canadian Transportation Agency (Agency) for an approval to permit WestJet to provide its scheduled international service between Canada and Mexico by selling transportation in its own name on flights operated by Compass, SkyWest and Delta between the United States of America and Mexico, for a period of three years or such longer period as may be authorized by the Agency.

WestJet has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts WestJet from the application of subsection 8.2(2) of the ATR.

WestJet is licensed to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the United Mexican States on Air Transport, signed on February 18, 2014.

The Agency has considered the application and the material in support and is satisfied that it meets the remaining 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 WestJet of aircraft with flight crew provided by Compass, SkyWest and Delta, and the provision by Compass, SkyWest and Delta of such aircraft and flight crew to WestJet, to permit WestJet to provide its scheduled international service on licensed routes between Canada and Mexico by selling transportation in its own name on flights operated by Compass, SkyWest and Delta between the United States of America and Mexico, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:

  1. WestJet shall continue to hold the valid licence authority.
  2. WestJet 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. WestJet, Compass, SkyWest and Delta 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. WestJet shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. WestJet, Compass, SkyWest and Delta 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.

Member(s)

Sam Barone
Back to rulings
Date modified: