Decision No. 411-A-2013

Air Canada also carrying on business as Air Canada rouge (Air Canada), on behalf of itself and United Airlines, Inc. carrying on business as United, United Airlines, Continental, Continental Micronesia and Air Micronesia (United), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its scheduled international service between Canada and Thailand by selling transportation in its own name on flights operated by United between Tokyo, Japan and Bangkok, Thailand, for a period of three years.

Air Canada is licensed to operate  scheduled international services, medium and large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the Kingdom of Thailand on Air Services, signed on May 24, 1989.

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 and section 8.2 of the ATR, approves the use by Air Canada of aircraft and flight crew provided by United, and the provision by United 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 Thailand by selling transportation in its own name on flights operated by United between Tokyo and Bangkok, from October 28, 2013 to October 27, 2016.

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-sharing agreement providing for such service remains in effect.
4. Air Canada and United 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 United 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 United between Tokyo and Bangkok 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 Thailand.