Decision No. 38-A-2017
Air Canada, on behalf of itself, Air Canada Express and All Nippon and its affiliates, has applied to the Canadian Transportation Agency (Agency) for approvals to permit:
- Air Canada to provide its scheduled international service between Canada and Japan by selling transportation in its own name on flights operated by All Nippon between Canada and Japan and between the United States of American and Japan; and by selling transportation in its own name on flights operated by All Nippon and its affiliates between points in Japan; and
- All Nippon to provide its scheduled international service between Japan and Canada by selling transportation in its own name on flights operated by Air Canada between Japan and Canada; and by selling transportation in its own name on flights operated by Air Canada and Air Canada Express between the United States of America and Canada and between points in Canada.
These approvals are requested for an indefinite period.
Air Canada is licensed to operate a scheduled international service, large aircraft, in accordance with the Agreement between Canada and Japan for Air Services signed on January 12, 1955 as amended (Agreement).
All Nippon is licensed to operate a scheduled international service in accordance with the Agreement.
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 ATR.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by:
- Air Canada of aircraft with flight crew provided by All Nippon and its affiliates, and the provision by All Nippon and its affiliates 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 Japan by selling transportation in its own name on flights operated by All Nippon between Canada and Japan and between the United States of America and Japan; and by selling transportation in its own name on flights operated by All Nippon and its affiliates between points in Japan; and
- All Nippon of aircraft with flight crew provided by Air Canada and Air Canada Express, and the provision by Air Canada and Air Canada Express of such aircraft and flight crew to All Nippon, to permit All Nippon to provide its scheduled international service on licensed routes between Japan and Canada by selling transportation in its own name on flights operated by Air Canada between Japan and Canada; and by selling transportation in its own name on flights operated by Air Canada and Air Canada Express between the United States of America and Canada and between points in Canada.
These approvals are granted for an indefinite period beginning on May 1, 2017, and are subject to the following conditions:
- Air Canada and All Nippon shall continue to hold the valid licence authorities.
- Air Canada and All Nippon 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, Air Canada Express and All Nippon and its affiliates 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 All Nippon shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Air Canada and All Nippon 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 All Nippon and its affiliates between the United States of America and Japan and between points in Japan 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 Japan. No local traffic may be carried under Air Canada’s code between the United States of America and Japan and between points in Japan.
- Air transportation using All Nippon’s code on flights operated by Air Canada and Air Canada Express between the United States of America and Canada and between points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under All Nippon’s code between Japan and Canada. No local traffic may be carried under All Nippon’s code between the United States of America and Canada and between points in Canada.
- These approvals do not apply to the carriage of cargo.
Member(s)
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