Decision No. 45-A-2010

February 11, 2010

File No. M4835-39-2

GoJet Airlines, LLC carrying on business as United Express (GoJet), on behalf of itself and All Nippon Airways Co., Ltd. (All Nippon), has applied to the Canadian Transportation Agency (Agency) for an approval to permit All Nippon to provide its scheduled international service between Japan and Canada by selling transportation in its own name on flights operated by GoJet between points in the United States of America and points in Canada, for an indefinite period.

All Nippon is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Japan for Air Services signed on January 12, 1955, as amended (Agreement).

Under the terms of the Agreement, code sharing between designated airlines and third-country carriers is permitted. That is, while providing services between Canada and Japan, the designated airlines may code share on flights operated by a carrier of a third country.

The Agency has reviewed and considered the application and the material in support and is satisfied that it meets the requirements of section 8.2 of the ATR.

With respect to the duration of the approval requested, in light of the provisions of the Agreement, the Agency considers a term of three years appropriate.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by All Nippon of aircraft and flight crew provided by GoJet, and the provision by GoJet 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 GoJet between points in the United States of America and points in Canada, for three years from the date of this decision, subject to the following conditions:

1. All Nippon shall continue to hold the required licence authority.
2. All Nippon 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 commercial agreement providing for such services remains in effect.
4. Air transportation using All Nippon's code on flights operated by GoJet between intermediate points in the United States of America and points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey without stopover under All Nippon's code between Japan and Canada. No local traffic may be carried under All Nippon's code between intermediate points in the United States of America and points in Canada.

All Nippon and GoJet are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

All Nippon and GoJet are further reminded to provide the Agency with a copy of any new agreement or amendments to their commercial agreement, including any new or amended annex, without delay.

This approval does not exempt All Nippon and GoJet from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan