Determination No. A-2018-61

Air Canada, on behalf of itself and Air China, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its scheduled international service between Canada and Cuba by selling transportation in its own name on flights operated by Air China between Montréal, Quebec, Canada and Havana, Cuba, beginning on April 1, 2018.

Air Canada is licensed to operate scheduled international services in accordance with the Arrangement between the Government of Canada and the Government of the Republic of Cuba set out in an agreed minute signed on May 8, 2015.

The Agency has considered the application and the material in support and is satisfied that it meets the 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 Air Canada of aircraft with flight crew provided by Air China, and the provision by Air China of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service on licensed routes between Canada and Cuba by selling transportation in its own name on flights operated by Air China between Montréal and Havana, for an indefinite period from the date of this Determination.

This approval is subject to the following conditions:

1. Air Canada shall continue to hold the valid licence authority.
2. Air Canada 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 service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
4. Air Canada and Air China 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. Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. Air Canada and Air China 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.