Determination No. A-2019-118

Brussels, on behalf of itself and Austrian, has applied to the Canadian Transportation Agency (Agency) for approvals to permit:

1. Brussels to provide its scheduled international services between member states of the European Community and Canada by selling transportation in its own name on flights operated by Austrian; and
2. Austrian to provide its scheduled international services between member states of the European Community and Canada by selling transportation in its own name on flights operated by Brussels.

These approvals are requested for an indefinite period.

Brussels has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. 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 CTA, exempts Brussels from the application of subsection 8.2(2) of the ATR.

Brussels and Austrian are 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 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:

1. Brussels of aircraft with flight crew provided by Austrian, and the provision by Austrian of such aircraft and flight crew to Brussels, to permit Brussels to provide its scheduled international services on licensed routes between member states of the European Community and Canada by selling transportation in its own name on flights operated by Austrian; and
2. Austrian of aircraft with flight crew provided by Brussels, and the provision by Brussels of such aircraft and flight crew to Austrian, to permit Austrian to provide its scheduled international services on licensed routes between member states of the European Community and Canada by selling transportation in its own name on flights operated by Brussels.

These approvals are granted for an indefinite period from the date of this Determination, and are subject to the following conditions:

1. Brussels and Austrian shall continue to hold the valid licence authorities.
2. Brussels and Austrian shall apply their published tariffs, in effect, to the carriage of their 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 and Austrian 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 and Austrian shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Brussels and Austrian 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.