Decision No. 315-A-2015
APPLICATION by Qantas Airways Limited, on behalf of itself, Alaska Airlines, Inc. and Horizon Air Industries, Inc. carrying on business as Horizon Air and AlaskaHorizon, pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.
Qantas Airways Limited (Qantas Airways), on behalf of itself, Alaska Airlines, Inc. (Alaska Airlines) and Horizon Air Industries, Inc. carrying on business as Horizon Air and AlaskaHorizon (Horizon Air), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Qantas Airways to provide its scheduled international service between Australia and Canada by selling transportation in its own name on flights operated by Alaska Airlines and Horizon Air between Canada and the United States of America, commencing on October 26, 2015.
Qantas Airways is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Australia relating to Air Services signed on July 5, 1988.
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).
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 Qantas Airways of aircraft with flight crew provided by Alaska Airlines and Horizon Air, and the provision by Alaska Airlines and Horizon Air of such aircraft and flight crew to Qantas, to permit Qantas Airways to provide its scheduled international service on licensed routes between Australia and Canada by selling transportation in its own name on flights operated by Alaska Airlines and Horizon Air between Canada and the United States of America, for an indefinite period beginning on October 26, 2015.
This approval is subject to the following conditions:
- Qantas Airways shall continue to hold the valid licence authority.
- Qantas Airways 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.
- The air service approved shall only be provided as long as code-sharing agreements providing for such service remain in effect.
- Qantas Airways, Alaska Airlines and Horizon 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.
- Qantas shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Qantas Airways, Alaska Airlines and Horizon Air shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreements, including any new or amended annex, without delay.
- No local traffic may be carried under Qantas Airways’ code between Canada and the United States of America.
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