Determination No. A-2019-143

WestJet, on behalf of itself and Azores Airlines, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Azores Airlines to provide its scheduled international services between Canada and member states of the European Community by selling transportation in its own name on flights operated by WestJet, including between points in Canada; between Canada and member states of the European Community; and between Canada and the United States, for a period of five years or such period as may be authorized by the Agency.

WestJet 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 WestJet from the application of subsection 8.2(2) of the ATR.

Azores Airlines 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 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 Azores Airlines of aircraft with flight crew provided by WestJet, and the provision by WestJet of such aircraft and flight crew to Azores Airlines, to permit Azores Airlines to provide its scheduled international services on licensed routes between Canada and member states of the European Community by selling transportation in its own name on flights operated by WestJet, including between points in Canada; between Canada and member states of the European Community; and between Canada and the United States, for an indefinite period from the date of this Determination.

This approval is subject to the following conditions:
 

1. Azores Airlines shall continue to hold the valid licence authority.
2. Azores Airlines 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 services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
4. Azores Airlines and WestJet 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. Azores Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Azores Airlines and WestJet 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. Air transportation using Azores Airlines' code on flights operated by WestJet, including between points in Canada; between Canada and member states of the European Community; and between Canada and the United States shall not be sold separately and shall only be available to traffic carried on a continuous journey between Canada and member states of the European Community.