Decision No. 379-A-2011
APPLICATION by Air Canada, on behalf of itself, Jazz Aviation LP and Swiss International Air Lines Ltd. and its affiliate Swiss European Air Lines Ltd., 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.
Air Canada, on behalf of itself, Jazz Aviation LP (Jazz) and Swiss International Air Lines Ltd. (Swiss) and its affiliate Swiss European Air Lines Ltd. (Swiss European), has applied to the Canadian Transportation Agency (Agency) for approvals to permit:
- Air Canada to provide its scheduled international service between Canada and Switzerland by selling transportation in its own name on flights operated by Swiss and Swiss European between Canada and Switzerland, including between intermediate points and points in Switzerland and between domestic points in Switzerland; and
- Swiss to provide its scheduled international service between Switzerland and Canada by selling transportation in its own name on flights operated by Air Canada and Jazz between Switzerland and Canada, including between intermediate points and points in Canada and between domestic points in Canada.
These approvals are requested for an indefinite period.
Air Canada and Swiss are licensed to operate scheduled international services in accordance with the Air Transport Agreement between Canada and the Swiss Confederation, signed on February 20, 1975.
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 (CTA) and section 8.2 of the ATR, approves the use by:
- Air Canada of aircraft and flight crew provided by Swiss and Swiss European, and the provision by Swiss and Swiss European of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service on licensed routes between Canada and Switzerland, including between intermediate points and points in Switzerland and between domestic points in Switzerland, by selling transportation in its own name on flights operated by Swiss and Swiss European; and
- Swiss of aircraft and flight crew provided by Air Canada and Jazz, and the provision by Air Canada and Jazz of such aircraft and flight crew to Swiss, to permit Swiss to provide its scheduled international service on licensed routes between Switzerland and Canada, including between intermediate points and points in Canada and between domestic points in Canada, by selling transportation in its own name on flights operated by Air Canada and Jazz.
These approvals are granted for an indefinite period from the date of this Decision, and are subject to the following conditions:
- Air Canada and Swiss shall continue to hold the valid licence authorities.
- Air Canada and Swiss shall apply their published tariffs, in effect, to the carriage of their 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 services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- Air Canada, Jazz, Swiss and Swiss European 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.
- Air Canada and Swiss shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Air Canada and Swiss 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.
- Air transportation using Air Canada’s code on flights operated by Swiss and Swiss European between points in Switzerland shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air Canada’s code between Canada and Switzerland.
- Air transportation using Swiss’s code on flights operated by Air Canada and Jazz between points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under Swiss’s code between Switzerland and Canada.
Member(s)
- Date modified: