India

India

1. Date of Agreement

Legal Title:
Agreement between the Government of Canada and the Government of India on Air Services
July 20, 1982
Signed
August 31, 1982
In force

2. Other Instruments

July 20, 1982
MOU (capacity and related commercial matters).
August 31, 1982
Agreement entered into force definitively.
December 12, 1986
Agreed Minute (amendments to Article XIV and to Sections I and II of the Annex of 1982 Agreement; substitution of the 1984 MOU by a new MOU).
February 10, 1987
Exchange of Notes executing the 1986 amendments.
July 27, 1988
Agreed Minute (amendments to Article IX of the 1982 Agreement; summary of statistical requirements).
May 30, 1991
Exchange of Notes (new article on Aviation Security).
June 20, 1994
Exchange of Notes (India designating Air India Limited, carrying on business as Air India to operate the agreed services on Route 1).
August 14, 1996
Exchange of Notes (ad referendum amendments to Routes Schedule [Agreed Minutes and MOU - Sections I and II of February 10, 1987]).
December 4, 1998
Exchange of Notes (amendments to the Agreement on air services of July 20, 1982, as amended with Annexes and MOU).
January 31, 2001
Designation of Canada 3000 on Route 1 (Atlantic) and Air Canada on Route 2 (Pacific)
July 23, 2003
Diplomatic Note (Canada withdraws the designation of Canada 3000 on route 1 and replaces it by Air Canada)
June 3, 2005
Agreed Minute (new Route Schedules & Annexes on code sharing and leasing agreed ad referendum)
July 15, 2005
Diplomatic Note (Canada names Zurich as an intermediate point)
October 31, 2005
Diplomatic Note (Canada names Brussels and Frankfurt as intermediate points with fifth freedom rights)
February 28, 2007
Diplomatic Note (designation of Jet Airways)
July 18, 2007
Diplomatic Note (India names Brussels as an intermediate point with fifth freedom rights)
September 13, 2007
Diplomatic Note (India names Calgary as a point to be served in Canada)
July 17, 2008
Diplomatic Note (India names Ottawa as a point to be served in Canada)
June 30, 2011
Agreed Minute (Amendments on security and pricing)

3. Characterization of Bilateral Agreement

A. Grant of Rights:
All except as otherwise specified in the Annex.
B. Designation:
Single by route, Air Canada, Air India and Jet Airways.
C. Tariffs:
Single disapproval.
D. Capacity:
Pre-determination.
Canada and India
On Route 1 - 2100 seats/week
On Route 2 - 2 frequencies/week
The total number of one-way fifth freedom passengers carried into and/or out of the territory of the other Contracting Party for services operated on Route 1 of either Section in any calendar year shall not exceed 85,000 passengers or 50% of seats operated calculated annually, whichever is greater, but in any case shall not exceed 110,000 passengers per annum.

4. Routes and Associated Rights

INDIA

Points of Origin(1)

Intermediate Points(2)

Points in Canada(3)

Points Beyond(4)

Route 1

Points in India

One point in Asia west of India and two points in Europe including the United Kingdom to be named by India

Toronto, Montreal

Three points in the continental USA to be named by India and beyond to India

Route 2

Points in India

Points in Asia east of India and Pacific to be agreed

Vancouver or Edmonton

To be agreed

Notes:

  1. Any point or points specified above in columns (2), (3) and (4) may be omitted on any or all services but all services must originate from or terminate in India.

  2. Points other than those in columns (2) and (4) may be served without traffic rights between such points and the points in column (3) subject to note (c).

  3. Points in Europe shall be limited to points in countries excluding Italy, Greece, Spain and Portugal. The point in Asia west of India shall be limited to countries other than Israel. If France is named as a point in Europe, traffic rights between France and [Canada] shall be limited to passenger rights only.

  4. In respect of all-cargo services on Route 1, subject to paragraphs (b) and (c) above, the three intermediate points and one beyond point served need not be identical to the three intermediate points and one beyond point operated on passenger/combination services.

  5. Service to Toronto shall be at times of the day and at a terminal building acceptable to the Manager of Lester B. Pearson International Airport.

  6. Points beyond the USA on Route 1 shall be served only on all-cargo services operated in a westerly direction. No same plane passenger/combination service shall operate beyond the United States to India.

  7. Intermediate and beyond points may be changed at intervals of no less than six months upon notification to the aeronautical authorities of the other Contracting Party.

  8. The points in column (2) of Route 2 above may be recommended by the two designated airlines for the agreement of the Contracting Parties.

CANADA

Points of Origin(1)

Intermediate Points(2)

Points in India(3)

Points Beyond(4)

Route 1

Points in Canada

Two points in Europe including the United Kingdom and one point in Asia west of India to be named by Canada

Bombay, Delhi

Three points in Asia to be named by Canada, of which at least two shall be in southeast Asia, and beyond to Canada.

Route 2

Points in Canada

Points in the Pacific and Asia east of India to be agreed.

Delhi or Calcutta

To be agreed

Notes:

  1. Any point or points specified above in columns (2), (3) and (4) may be omitted on any or all services but all services must originate from or terminate in Canada.

  2. Points other than those in columns (2) and (4) may be served without traffic rights between such points and the points in column (3) subject to note (c).

  3. Points in Europe shall be limited to points in countries excluding Italy, Greece, Spain and Portugal. The point in Asia west of India shall be limited to countries other than Israel. If France is named as a point in Europe, traffic rights between France and India shall be limited to passenger rights only.

  4. Traffic rights beyond India to a point outside of south east Asia shall be limited to all-cargo services only. Operation of passenger/combination services to a point beyond India outside of southeast Asia shall be subject to prior agreement between the two Contracting Parties.

  5. Services continuing from points beyond India to Canada in an easterly direction on Route 1 shall be all-cargo services only. No same plane passenger/combination service shall operate beyond southeast Asia to Canada.

  6. In respect of all-cargo services on Route 1, subject to paragraphs (c) above and (h) below, the three intermediate and three beyond points served need not be identical to the three intermediate and three beyond points operated on passenger/combination services.

  7. Bombay and Delhi shall not be served on the same flight.

  8. Intermediate and beyond points may be changed at intervals of no less than six months upon notification to the aeronautical authorities of the other Contracting Party.

  9. for the purpose of the Agreement, southeast Asia comprises those continental margins and offshore archipelagoes of Asia lying south of China, north of Australia and east of India, excluding Hong Kong and Bangladesh.

  10. Service to Bombay shall be at times of the day and at a terminal building acceptable to the Director of Civil Aviation of India.

  11. The points in Column (2) of Route 2 above may be recommended by the two designated airlines for the agreement of the Contracting Parties.

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