Costa Rica

Agreement between the Government of Canada and the Government of the Republic of Costa Rica on Air Transport

1. Date of Agreement

Legal Title:
Agreement between the Government of Canada and the Government of the Republic of Costa Rica on Air Transport
November 22, 1996
(ad referendum) Applied administratively
August 11, 2011
ad referendum
April 27, 2012
In force

2. Other Instruments

May 26, 1997
Diplomatic Note (Designation of Lineas Aereas Costarricensas, S.A. (LACSA)).
January 5, 2001
Diplomatic Note (Designation of Air Canada).

3. Characterization of Bilateral Agreement

A. Grant of Rights:
As specified in the Annex.
B. Designation:
Multiple, Air Canada, WestJet, Air Transat
 and LACSA.
C. Tariffs:
Full disapproval.
D. Capacity:
Pre-determination.

4. Routes and Associated Rights

The Contracting Parties agree that the designated airlines of each Contracting Party may operate the routes set out in the applicable section of this Annex, in accordance with the notes specified.

SECTION I

Airlines designated by the Government of Canada may operate scheduled passenger-combination air services and/or scheduled all-cargo air services in either or both directions between points on the following routes and in accordance with the following notes:

Points Behind Canada Points in Canada Intermediate Points Points in Costa Rica Points Beyond
Any point or points Any point or points Any point or points Any point or points Any point or points

Notes:

  1. Traffic may be picked up at Points in Canada and set down at Points in Costa Rica and vice versa. Traffic may be picked up at Points Behind Canada, at Intermediate Points, and at Points Beyond and set down at Points in Costa Rica and vice versa.
  2. Transit and own stopover rights shall be available at Points in Canada, at Intermediate Points, and at Points in Costa Rica.
  3. Each designated airline may, on any or all flights and at its option:
    1. serve Points in Costa Rica separately or in combination,
    2. omit any points on the route, provided that all services serve at least one of the Points in Canada, without directional or geographic limitation.
  4. Different flight numbers may be combined within one aircraft operation. Points Behind Canada may be served with or without change of aircraft or flight number and the designated airlines of Canada may hold out and advertise such services to the public as through services.
  5. The Contracting Parties require that the designated airlines of Canada notify the aeronautical authorities of the Republic of Costa Rica of air services to be operated between third countries and Points in Costa Rica ninety (90) days in advance or such lesser period as may be authorised by the aeronautical authorities of the Republic of Costa Rica and each of the points may be changed on ninety (90) days' notice to the aeronautical authorities of the Republic of Costa Rica or such lesser period as may be authorised by the aeronautical authorities of the Republic of Costa Rica.
    1. Subject to the regulatory requirements normally applied to such operations by the aeronautical authorities of the Republic of Costa Rica, each designated airline of Canada may, at its discretion, enter into cooperative arrangements for the purposes of:
      1.  holding-out the agreed services on the specified routes by code-sharing (i.e. selling transportation under its own code) on flights operated by any airline or airlines of Canada, of Costa Rica, and/or of any third country or third countries; and/or on any surface transportation providers, and/or 
      2. carrying traffic under the code of any other airlines that have been authorized by the aeronautical authorities of the Republic of Costa Rica to sell transportation under their own codes on flights operated by the designated airline of Canada.
    2. All airlines involved in code-sharing arrangements shall hold the appropriate underlying route authority.
    3. Code-sharing services by each designated airline of Canada involving transportation between the Points in Costa Rica shall be restricted to flights operated by airlines authorised by the aeronautical authorities of the Republic of Costa Rica to provide services between the Points in Costa Rica. All transportation between the Points in Costa Rica under the code of each designated airline of Canada shall only be available as part of an international journey.
    4. The aeronautical authorities of the Republic of Costa Rica shall not withhold permission for code-sharing services identified in Note 6 paragraph (1)(a) by the designated airlines of Canada on the basis that the airlines operating the aircraft do not have the right from Costa Rica to carry traffic under the codes of the airlines designated by Canada.
    5. All participants in such code-sharing arrangements shall ensure that passengers are fully informed of the identity of the operator and the mode of transportation for each segment of the journey.
  7. The Contracting Parties permit each designated airline of Canada, at any points on the specified route and at its option, to transfer traffic between its own aircraft without any limitation as to type, size or number of aircraft, provided that, in the outbound direction, the transportation beyond such points is a continuation of the transportation from Canada and, in the inbound direction, the transportation to Canada is a continuation of the transportation from beyond such points and provided that all passenger and combination flights involved in the transfer originate or terminate in Canada. For the purpose of code-sharing services, airlines shall be permitted to transfer traffic between aircraft without limitation. 
  8. The Contracting Parties permit the designated airlines of Canada, when operating in the territory of Costa Rica:
    1. without restriction, to employ in connection with the agreed services any surface transportation for cargo to or from any points in the territories of the Contracting Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations;
    2. to have access to airport customs processing and facilities for cargo moving by surface or by air; and
    3. to elect to perform their own surface transportation or to provide it through arrangements with surface carriers, subject to regulatory requirements, including surface transportation operated by other airlines.

Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are fully informed of the identity of the operator and the mode of transportation for each segment of the transportation.

SECTION II

Airlines designated by the Government of the Republic of Costa Rica may operate scheduled passenger-combination air services and/or scheduled all-cargo air services in either or both directions between points on the following routes and in accordance with the following notes:

Points Behind Costa Rica Points in Costa Rica Intermediate Points Points in Canada Points Beyond
Any point or points Any point or points Any point or points Any point or points Any point or points

Notes:

  1. Traffic may be picked up at Points in Costa Rica and set down at Points in Canada and vice versa. Traffic may be picked up at Points Behind Costa Rica, at Intermediate Points, and at Points Beyond and set down at Points in Canada and vice versa.
  2. Transit and own stopover rights shall be available at Points in Costa Rica, at Intermediate Points, and at Points in Canada.
  3. Each designated airline may, on any or all flights and at its option:
    1. serve Points in Canada separately or in combination, 
    2. omit any points on the route, provided that all services serve at least one of the Points in Costa Rica, without directional or geographic limitation.
  4. Different flight numbers may be combined within one aircraft operation. Points Behind Costa Rica may be served with or without change of aircraft or flight number and the designated airline(s) of Costa Rica may hold out and advertise such services to the public as through services.
  5. The Contracting Parties require that the designated airline(s) of Costa Rica notify the aeronautical authorities of Canada of air services to be operated between third countries and Points in Canada ninety (90) days in advance or such lesser period as may be authorised by the aeronautical authorities of Canada and each of the points may be changed on ninety (90) days' notice to the aeronautical authorities of Canada or such lesser period as may be authorised by the aeronautical authorities of Canada.
    1. Subject to the regulatory requirements normally applied to such operations by the aeronautical authorities of Canada, each designated airline of Costa Rica may, at its discretion, enter into cooperative arrangements for the purposes of:
      1. holding-out the agreed services on the specified routes by code-sharing (i.e. selling transportation under its own code) on flights operated by any airline or airlines of Costa Rica, of Canada, and/or of any third country or third countries; and/or on any surface transportation providers; and/or 
      2. carrying traffic under the code of any other airlines that have been authorized by the aeronautical authorities of Canada to sell transportation under their own codes on flights operated by the designated airline of Costa Rica.
    2. All airlines involved in code-sharing arrangements shall hold the appropriate underlying route authority.
    3. Code-sharing services by each designated airline of Costa Rica involving transportation between the Points in Canada shall be restricted to flights operated by airlines authorised by the aeronautical authorities of Canada to provide services between the Points in Canada. All transportation between the Points in Canada under the code of each designated airline of Costa Rica shall only be available as part of an international journey.
    4. The aeronautical authorities of Canada shall not withhold permission for code-sharing services identified in Note 6 paragraph (1)(a) by the designated airlines of Costa Rica on the basis that the airlines operating the aircraft do not have the right from Canada to carry traffic under the codes of the airlines designated by Costa Rica.
    5. All participants in such code-sharing arrangements shall ensure that passengers are fully informed of the identity of the operator and the mode of transportation for each segment of the journey.
  7. The Contracting Parties permit each designated airline of Costa Rica, at any points on the specified route and at its option, to transfer traffic between its own aircraft without any limitation as to type, size or number of aircraft, provided that, in the outbound direction, the transportation beyond such points is a continuation of the transportation from Costa Rica and, in the inbound direction, the transportation to Costa Rica is a continuation of the transportation from beyond such points and provided that all passenger and combination flights involved in the transfer originate or terminate in Costa Rica. For the purpose of code-sharing services, airlines shall be permitted to transfer traffic between aircraft without limitation.
  8. The Contracting Parties permit the designated airlines of Costa Rica, when operating in the territory of Canada:
    1. without restriction, to employ in connection with the agreed services any surface transportation for cargo to or from any points in the territories of the Contracting Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations; 
    2. to have access to airport customs processing and facilities for cargo moving by surface or by air; and
    3. to elect to perform their own surface transportation or to provide it through arrangements with surface providers, subject to regulatory requirements, including surface transportation operated by other airlines.

Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are fully informed of the identity of the operator and the mode of transportation for each segment of the transportation.

Date modified: