Decision No. 367-A-2015

Alaska Airlines, on behalf of itself, Horizon Air, SkyWest and Emirates, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Emirates to provide its scheduled international service between the United Arab Emirates and Canada by selling transportation in its own name on flights operated by Alaska Airlines, Horizon Air and SkyWest between the United States of America and Canada, for an indefinite period.

Alaska 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 Alaska Airlines from the application of subsection 8.2(2) of the ATR.

Emirates is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the United Arab Emirates signed on June 17, 2001.

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 Emirates of aircraft with flight crew provided by Alaska Airlines, Horizon Air and SkyWest, and the provision by Alaska Airlines, Horizon Air and SkyWest of such aircraft and flight crew to Emirates, to permit Emirates to provide its scheduled international service on licensed routes between the United Arab Emirates and Canada by selling transportation in its own name on flights operated by Alaska Airlines, Horizon Air and SkyWest between the United States of America and Canada, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:

1. Emirates shall continue to hold the valid licence authority.
2. Emirates 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. Emirates, Alaska Airlines, Horizon Air et SkyWest 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. Emirates shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Emirates, Alaska Airlines, Horizon Air et SkyWest 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 Emirates’ code on flights operated by Alaska Airlines, Horizon Air and SkyWest between Canada and the United States of America shall not be sold separately and shall only be available to traffic carried on a continuous journey under Emirates’ code between the United Arab Emirates and Canada. No local traffic may be carried under Emirates’ code between Canada and the United States of America.