Decision No. 94-A-2007

February 28, 2007

File No. M4835-23-2

Japan Airlines, on behalf of itself and AeroMexico, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on February 14, 2007.

The Agency notes that this application is a renewal of the approval granted by Decision No. 98-A-2006 dated February 21, 2006.

Under Licence No. 990151, AeroMexico is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States signed on December 21, 1961, as amended (hereinafter the Agreement).

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

The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (hereinafter the ATR).

With respect to the duration of the approval requested, the Agency considers it appropriate to grant the approval until March 30, 2008.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, hereby approves the use by AeroMexico of aircraft and flight crew provided by Japan Airlines, and the provision by Japan Airlines of such aircraft and flight crew to AeroMexico, to permit AeroMexico to provide its scheduled international service between Mexico and Canada by selling transportation in its own name on flights operated by Japan Airlines between Mexico City and Vancouver, from March 31, 2007 to March 30, 2008, subject to the following conditions:

1. AeroMexico shall continue to hold the required licence authority.
2. AeroMexico 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.
3. The air service approved herein shall only be provided as long as a commercial agreement providing for such services remains in effect.

Japan Airlines and AeroMexico are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

Japan Airlines and AeroMexico 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 Japan Airlines and AeroMexico from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Raymon J. Kaduck
• Baljinder Gill