Determination No. A-2017-150

October 6, 2017

IN THE MATTER OF the operation of scheduled international services by Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo (Air Canada) between Canada and Oman and between Canada and Tanzania, pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).

Case number: 
17-00712

Air Canada and Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines (Turkish Airlines) hold an approval granted by Decision No. 17-A-2015 that permits Air Canada to provide its scheduled international service between Canada and each of the following countries: Oman and Tanzania, by selling transportation in its own name on flights operated by Turkish Airlines between Turkey and each of the following countries: Oman and Tanzania, for an indefinite period.

Air Canada is licensed to operate a scheduled international service, through code sharing, in accordance with the Arrangement between the Government of Canada and the Government of the Sultanate of Oman, set out in an Agreed minute signed on November 19, 2014 (Oman Arrangement).

Air Canada is also licensed to operate scheduled international services, through code sharing, between Canada and Tanzania, in accordance with the Arrangement between the Government of Canada and the Government of the United Republic of Tanzania, set out in an Agreed Minute signed on December 8, 2016 (Tanzania Arrangement).

The Agency has considered the material in support and is satisfied that it meets the 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 Air Canada of aircraft with flight crew provided by Turkish Airlines, and the provision by Turkish Airlines of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international services between Canada and each of the following countries: Oman and Tanzania, by selling transportation in its own name on flights operated by Turkish Airlines between Turkey and each of the following countries: Oman and Tanzania, for an indefinite period from the date of this Determination.

This approval is subject to the following conditions:

  1. Air Canada shall continue to hold the valid licence authority.
  2. Air Canada 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 service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
  4. Air Canada and Turkish Airlines 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. Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Air Canada and Turkish Airlines 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.
  7. This approval does not apply to the carriage of cargo.

This Determination replaces Decision No. 17-A-2015.

Member(s)

P. Paul Fitzgerald
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