Determination No. A-2017-101
APPLICATION by Delta Air Lines, Inc. carrying on business as Delta Air Lines, as Delta and as Delta Shuttle (Delta), on behalf of itself; SkyWest Airlines, Inc. carrying on business as Delta Connection and as United Express, among others (SkyWest); Virgin Australia International Airlines Pty Ltd. carrying on business as Virgin Australia (Virgin Australia); and Compass Airlines, LLC carrying on business as, among others, Delta Connection (Compass), pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA).
Delta, on behalf of itself, Virgin Australia, SkyWest and Compass, has applied to the Canadian Transportation Agency (Agency) to vary Decision No. 45-A-2017 (Decision) to reflect that the code-share approval granted to Virgin Australia in respect of flight segments between the United States of America and Canada also applies to Compass.
In the Decision, the Agency approved the use by Virgin Australia of aircraft with flight crew provided by Delta and SkyWest, and the provision by Delta and SkyWest of such aircraft and flight crew to Virgin Australia, to permit Virgin Australia to provide its scheduled international service on licensed routes between Canada and Australia by selling transportation in its own name on flights operated by Delta and SkyWest between the United States of America and Canada, for an indefinite period beginning on March 18, 2017.
Compass is licensed to operate a scheduled international service on the routes(s) set out in the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.
The Agency has considered the application and the material in support and finds, pursuant to section 32 of the CTA, that there has been a change in the facts or circumstances pertaining to the Decision since it was issued and that it should be varied.
Accordingly, the Agency, pursuant to section 32 of the CTA, varies the Decision to approve the use by Virgin Australia of aircraft with flight crew provided by Delta, SkyWest and Compass, and the provision by Delta, SkyWest and Compass of such aircraft and flight crew to Virgin Australia, to permit Virgin Australia to provide its scheduled international service on licensed routes between Canada and Australia by selling transportation in its own name on flights operated by Delta, SkyWest and Compass between the United States of America and Canada, for an indefinite period beginning on March 18, 2017.
Condition No. 4 is amended by adding Compass.
Condition No. 6 is amended by adding Compass.
Condition No. 7 is amended by adding Compass.
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