Decision No. 451-C-A-2009

October 28, 2009

File No. M4120-3/09-05247

Anthony Hopkins filed a complaint with the Canadian Transportation Agency (Agency) against Air Canada regarding the imposition of a fuel surcharge of $260 on two tickets he purchased using Aeroplan reward miles for travel during December 2009/January 2010 with, in part, Air Canada, on the route London, United Kingdom/Lisbon, Portugal/Rio de Janeiro, Brazil/Santiago, Chile/Toronto, Ontario, Canada/Edmonton, Alberta, Canada/London, United Kingdom.

The Agency's jurisdiction with respect to terms and conditions of tariffs, including surcharges, applicable to international transportation, is set out in sections 111 and 113 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).

The Agency finds that Mr. Hopkins' carriage will be by means of an interline ticket obtained through Aeroplan, involving carriage by successive carriers as opposed to an Air Canada online or codeshare ticket. As determined by the Agency in Decision No. 82-C-A-2009 dated March 10, 2009 in response to a complaint by Vlad Kouznetchik against Air Canada, such transportation is governed by Aeroplan's terms and conditions.

The Agency also determined, in Decision No. 82-C-A-2009, that as Aeroplan is neither a licensee under the Canada Transportation Act, S.C., 1996, c. 10, as amended nor an air carrier for the purposes of section 110 of the ATR, the Agency has no jurisdiction over Aeroplan.

Therefore, the Agency dismisses the complaint.

Members

• Raymon J. Kaduck
• Jean-Denis Pelletier, ing./P. Eng.