Determination No. A-2019-104
APPLICATION by Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines) [Lufthansa], on behalf of itself and Lufthansa CityLine GmbH (CityLine), 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).
Lufthansa, on behalf of itself and CityLine, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Lufthansa to provide its scheduled international service between Germany and Canada using aircraft with flight crew provided by CityLine, beginning on August 1, 2019.
Lufthansa is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.
The Agency has considered the application and 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 Lufthansa of aircraft with flight crew provided by CityLine, and the provision by CityLine of such aircraft and flight crew to Lufthansa, to permit Lufthansa to provide its scheduled international service on licensed routes between Germany and Canada using aircraft and flight crew provided by CityLine, beginning on August 1, 2019 to July 31, 2020.
This approval is subject to the following conditions:
- Lufthansa shall continue to hold the valid licence authority.
- Commercial control of the flights shall be maintained by Lufthansa. CityLine shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
- Lufthansa and CityLine 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.
- Lufthansa shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Lufthansa and CityLine shall advise the Agency in advance of any changes to the information provided in support of the application.