Decision No. 304-A-2016

WestJet, on behalf of itself and Lan Peru, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Lan Peru to provide its scheduled international service between Peru and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada and between Canada and each of the following countries: the Dominican Republic, the United States of America and Mexico, for a period of three years or such longer period as may be authorized by the Agency, beginning on October 15, 2016.

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.

Lan Peru is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Peru for Air Services between and beyond their respective territories signed on February 18, 1954, as amended.

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 Lan Peru of aircraft with flight crew provided by WestJet, and the provision by WestJet of such aircraft and flight crew to Lan Peru, to permit Lan Peru to provide its scheduled international service on licensed routes between Peru and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada and between Canada and each of the following countries: the Dominican Republic, the United States of America and Mexico, for an indefinite period beginning on October 15, 2016.

This approval is subject to the following conditions:

1. Lan Peru shall continue to hold the valid licence authority.
2. Lan Peru 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. Lan Peru 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. Lan Peru shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Lan Peru 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 Lan Peru’s code on flights operated by WestJet between points in Canada and between Canada and each of the following countries: the Dominican Republic, the United States of America and Mexico shall not be sold separately and shall only be available to traffic carried on a continuous journey under Lan Peru’s code between Peru and Canada. No local traffic may be carried under Lan Peru’s code between points in Canada and between Canada and each of the following countries: the Dominican Republic, the United States of America and Mexico.