Decision No. 50-A-2015

American Airlines, Inc. (American Airlines), on behalf of itself; its affiliate Envoy Air Inc. carrying on business as American Eagle (American Eagle); and Etihad Airways P.J.S.C. carrying on business as Etihad Airways (Etihad Airways), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Etihad Airways to provide its scheduled international service between the United Arab Emirates and Canada by selling transportation in its own name on flights operated by American Airlines and American Eagle between the United States of America and Canada, for an indefinite period beginning on March 22, 2015.

Etihad Airways is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the United Arab Emirates on Air Transport, signed on June 17, 2001.

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 Etihad Airways of aircraft with flight crew provided by American Airlines and American Eagle, and the provision by American Airlines and American Eagle of such aircraft and flight crew to Etihad Airways, to permit Etihad Airways to provide its scheduled international service on licensed routes between the United Arab Emirates and Canada by selling transportation in its own name on flights operated by American Airlines and American Eagle between the United States of America and Canada, for an indefinite period beginning on March 22, 2015.

This approval is subject to the following conditions:

1. Etihad Airways shall continue to hold the valid licence authority.
2. Etihad Airways 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. Etihad Airways, American Airlines and American Eagle 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. Etihad Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Etihad Airways and American Airlines 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 Etihad Airways’ code on flights operated by American Airlines and American Eagle between the United States of America and Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under Etihad Airways’ code between the United Arab Emirates and Canada. No local traffic may be carried under Etihad Airways’ code between the United States of America and Canada.