Decision No. 39-A-2017

February 21, 2017
APPLICATION by Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo (Air Canada), on behalf of itself and All Nippon Airways Co., Ltd. (All Nippon) and its affiliates ANA WINGS Co., Ltd. and Air Japan Co., Ltd. (affiliates), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c.10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Case number: 
17-00725

Air Canada, on behalf of itself and All Nippon and its affiliates, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its scheduled international service between Canada and Singapore by selling transportation in its own name on flights operated by All Nippon and its affiliates between Tokyo, Japan and Singapore, for an indefinite period.

Air Canada is licensed to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the Republic of Singapore on Air Transport, initialed ad referendum on November 1, 2007.

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 Singapore by selling transportation in its own name on flights operated by All Nippon and its affiliates between Tokyo and Singapore, for an indefinite period beginning on May 1, 2017.

This approval is subject to the following conditions:

  1. Air Canada shall continue to hold the valid licence authority.
  2. Air Canada 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-share agreement providing for such service remains in effect.
  4. Air Canada 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.
  5. Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. 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.
  7. Air transportation using Air Canada’s code on flights operated by All Nippon and its affiliates between Tokyo and Singapore 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 Singapore. No local traffic may be carried under Air Canada’s code between Tokyo and Singapore.
  8. This approval does not apply to the carriage of cargo.

Member(s)

Sam Barone
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