Decision No. 97-A-2009
March 19, 2009
APPLICATION by Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines, on behalf of itself and American Airlines, Inc. and its affiliates, pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, for an approval to permit Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines to provide its scheduled international service between Belgium and Canada by selling transportation in its own name on flights operated by American Airlines, Inc. and its affiliates between Brussels, Belgium and New York, United States of America and between New York and Montréal, Quebec, Canada, from March 29, 2009 to October 24, 2009.
File No. M4835-42-4
Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines (Brussels Airlines), on behalf of itself and American Airlines, Inc. (American Airlines) and its affiliates, has applied to the Canadian Transportation Agency (Agency) for the approval set out in the title. The application was complete on February 11, 2009.
The Agency notes that this application is a renewal, in part, of the approval granted by Decision No. 523-A-2008 dated October 16, 2008.
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 (Agreement).
Under the terms of the Agreement, code sharing between designated airlines and third-country carriers is permitted. That is, while providing services between Canada and Belgium, 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 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 Brussels Airlines of aircraft and flight crew provided by American Airlines, and the provision by American Airlines of such aircraft and flight crew to Brussels Airlines, to permit Brussels Airlines to provide its scheduled international service on licensed routes between Belgium and Canada by selling transportation in its own name on flights operated by American Airlines and its affiliates between Brussels and New York and between New York and Montréal, from March 29, 2009 to October 24, 2009, subject to the following conditions:
- Brussels Airlines shall continue to hold the required licence authority.
- Brussels Airlines shall apply its published tariffs, 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.
- The air service approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- Air transportation using Brussels Airlines' code on flights operated by American Airlines 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 Airlines 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 Airlines 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.
This approval does not exempt Brussels Airlines and American Airlines and its affiliates from the requirements of other legislative acts or regulations, including those of Transport Canada.
Members
- J. Mark MacKeigan
- Jean-Denis Pelletier, ing./P. Eng.
Member(s)
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