Determination No. A-2022-12

Air Canada has applied to the Canadian Transportation Agency (Agency) for extra-bilateral authority to permit it to operate eight (8) additional flights per week to New Delhi while operating its scheduled international service between Canada and India, for the duration of the IATA Summer 2022 Season.

In Determination No. A-2021-185, the Agency found it appropriate to permit Air Canada to operate eight (8) additional flights per week to New Delhi while operating its scheduled international service between Canada and India, beginning on December 15, 2021, to the end of the IATA winter season.

Air Canada is licensed to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of India on Air Transport, signed on July 20, 1982, as amended (Agreement).

Under the terms of the Agreement, Air Canada may operate up to 14 flights per week to any single point in India.

Therefore, Air Canada requires extra bilateral authority to permit it to operate a total of 22 flights per week to New Delhi, and its licence must be varied to allow for the provision of services not permitted under the Agreement.

ANALYSIS AND FINDINGS

Authority under subsection 78(2) of the CTA

The Agency may grant a carrier temporary authority, pursuant to subsection 78(2) of the CTA, for a service that is not permitted in a bilateral air transport agreement or arrangement.

The Agency has considered the application and the material in support and finds it appropriate to permit Air Canada to operate eight (8) additional flights per week to New Delhi while operating its scheduled international service between Canada and India, for the duration of the IATA Summer 2022 Season.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, varies Air Canada's licence to the extent necessary to operate eight (8) additional flights per week to New Delhi while operating its scheduled international service between Canada and India, for the duration of the IATA Summer 2022 Season.

In all other respects, the service shall be operated in accordance with the Agreement.