Decision No. 603-A-2006

October 31, 2006

File No. M4835-27-1

British Airways Plc carrying on business as British Airways (hereinafter British Airways), on behalf of itself and Finnair OYJ (hereinafter Finnair), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on October 19, 2006.

The Agency notes that this application is for a renewal of the approval granted by Decision No. 624-A-2003 dated October 30, 2003.

Under Licence No. 975114, British Airways is authorized to operate a scheduled international service in accordance with the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada concerning air services signed on June 22, 1988 (hereinafter the UK Agreement).

Under Licence No. 975122, Finnair is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Finland for Air Services between and beyond their respective territories signed on May 28, 1990 (hereinafter the Finland Agreement).

The Agency notes that the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), and, therefore, an exemption from the application of this provision is necessary. The Agency is of the opinion that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, pursuant to paragraph 80(l)(c) of the Canada Transportation Act (hereinafter the CTA), the Agency hereby orders that British Airways be exempt from the application of subsection 8.2(2) of the ATR.

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

With respect to the duration of the approval requested, in light of the provisions of the UK and Finland Agreements, the Agency considers that a term of three (3) years would be appropriate.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA, and section 8.2 of the ATR, hereby approves the use by Finnair of aircraft and flight crew provided by British Airways, and the provision by British Airways of such aircraft and flight crew to Finnair, to permit Finnair to provide its scheduled international service between points in Finland and Canada by selling transportation in its own name on flights operated by British Airways between London, United Kingdom and points in Canada, from November 1, 2006 to October 31, 2009, subject to the following conditions:

1. British Airways and Finnair shall continue to hold the required licence authorities.
2. Air transportation using Finnair's code on British Airways' flights between London, United Kingdom and points in Canada shall not be sold separately and shall only be available to Finnair's traffic carried on a continuous journey between Finland and Canada. Stopovers at London, United Kingdom may be granted to traffic originating in or destined for Finland.
3. Finnair shall apply its published tariffs, on file with the Agency and in effect, to the carriage of its traffic. In particular, 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.

British Airways and Finnair are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

British Airways and Finnair 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.

The approval granted herein does not exempt British Airways and Finnair from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Guy Delisle
• Beaton Tulk