Decision No. 328-A-2015

American Airlines, Inc. (American Airlines), on behalf of itself; Air Wisconsin Airlines Corporation carrying on business as American Eagle (Air Wisconsin); and Mesa Airlines, Inc. carrying on business as Mesa Airlines, United Express and American Eagle (Mesa Airlines), has applied to the Canadian Transportation Agency (Agency) for an approval to permit American Airlines to provide its scheduled international service between the United States of America and Canada by selling transportation in its own name on flights operated by Air Wisconsin and Mesa Airlines between the United States of America and Canada, beginning on October 17, 2015.

American Airlines has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (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 Canada Transportation Act (CTA), exempts American Airlines from the application of subsection 8.2(2) of the ATR.

American Airlines is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.

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 American Airlines of aircraft with flight crew provided by Air Wisconsin and Mesa Airlines, and the provision by Air Wisconsin and Mesa Airlines of such aircraft and flight crew to American Airlines, to permit American Airlines to provide its scheduled international service on licensed routes between the United States of America and Canada by selling transportation in its own name on flights operated by Air Wisconsin and Mesa Airlines between the United States of America and Canada, for an indefinite period beginning on October 17, 2015.

This approval is subject to the following conditions:

1. American Airlines shall continue to hold the valid licence authority.
2. American Airlines 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. American Airlines, Air Wisconsin and Mesa Airlines 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. American Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. American Airlines, Air Wisconsin and Mesa Airlines 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.