Decision No. 94-A-2010

March 24, 2010

File No. M4835-79-1

Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines (Brussels Airlines), on behalf of itself and Jet Airways (India) Limited (Jet Airways), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Brussels Airlines to provide its scheduled international services on licensed routes between Canada and Belgium and between Canada and India, by selling transportation in its own name on flights operated by Jet Airways between Toronto, Ontario, Canada and Brussels, Belgium and between Brussels and Delhi, India, from March 28 to October 30, 2010.

As 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 (ATR), an exemption from the application of this provision is necessary. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (CTA), exempts Brussels Airlines from the application of subsection 8.2(2) of the ATR.

Brussels Airlines is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the European Community and its Member States, signed on December 18, 2009 (Agreement).

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

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Brussels Airlines of aircraft and flight crew provided by Jet Airways, and the provision by Jet Airways of such aircraft and flight crew to Brussels Airlines, to permit Brussels Airlines to provide its scheduled international services on licensed routes between Canada and Belgium and between Canada and India, by selling transportation in its own name on flights operated by Jet Airways between Toronto and Brussels and between Brussels and Delhi, from March 28 to October 30, 2010.

This approval is subject to the following conditions:

1. Brussels Airlines shall continue to hold the valid licence authority.
2. Brussels Airlines 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 services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
4. Brussels Airlines and Jet Airways 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. Brussels Airlines and Jet Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Brussels Airlines and Jet Airways 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.

This approval does not exempt Brussels Airlines and Jet Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

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