Decision No. 97-A-2007

February 28, 2007

File No. M4835-42-4

Delta Air Transport SA carrying on business as Brussels Airlines (hereinafter Brussels Airlines), on behalf of itself and American Airlines, Inc. (hereinafter American) and its affiliates, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on February 12, 2007.

The Agency notes that this application is a renewal of the approval granted by Decision No. 509-A-2006 dated September 21, 2006.

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(1)(c) of the Canada Transportation Act (hereinafter the CTA), the Agency hereby orders that Brussels Airlines be exempt from the application of subsection 8.2(2) of the ATR.

Under Licence No. 040055, Brussels Airlines is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of Belgium on Air Transport signed on May 13, 1986, 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 Belgium and Canada, the designated airlines may code share 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 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, hereby approves the use by Brussels Airlines of aircraft and flight crew provided by American and its affiliates, and the provision by American and its affiliates of such aircraft and flight crew to Brussels Airlines, to permit Brussels Airlines to provide its scheduled international service between Belgium and Canada by selling transportation in its own name on flights operated by American and its affiliates between New York and Montréal, from March 25 to October 27, 2007, subject to the following conditions:

1. Brussels Airlines shall continue to hold the required licence authority.
2. Brussels Airlines 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 code-sharing agreement providing for such services remains in effect.
4. Air transportation using Brussels Airlines' code on flights operated by American and its affiliates between New York and Montréal shall not be sold separately and shall only be available to traffic carried on a continuous journey under Brussels Airlines' code between Belgium and Canada.

Brussels Airlines and American and its affiliates are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

Brussels Airlines and American 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 authority granted herein does not exempt Brussels Airlines and American and its affiliates from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

• Baljinder Gill
• Mary-Jane Bennett