Decision No. 128-A-2013
APPLICATION by Air Canada also carrying on business as Air Canada rouge, on behalf of itself and Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines, pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
Air Canada also carrying on business as Air Canada rouge (Air Canada) on behalf of itself and Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines (Turkish Airlines) has applied to the Canadian Transportation Agency (Agency) for extra‑bilateral authority to permit:
- Air Canada to also serve the point Izmir, Turkey under Licence No. 100103; and
- Turkish Airlines to also serve the points Vancouver, British Columbia; Calgary and Edmonton, Alberta; and Ottawa, Ontario under Licence No. 090063.
Air Canada is licensed to operate a scheduled international service, using large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the Republic of Turkey initialled ad referendum on March 13, 2009 (Agreement).
Turkish Airlines is licensed to operate a scheduled international service in accordance with the Agreement.
Under the terms of the Agreement, Canadian carriers may operate services to two points in Turkey and Turkish carriers may operate services to two points in Canada. Istanbul and Ankara have been selected by the Government of Canada and Toronto and Montréal have been selected by the Government of Turkey. There is no provision for additional points to be served through code sharing. Therefore, Air Canada and Turkish Airlines require extra-bilateral authority in order to offer services through code sharing to the additional points.
In its application, Air Canada states that the services to additional points in Turkey and in Canada which will be provided through code sharing will benefit the travelling public and facilitate business and leisure travel.
The Agency may, pursuant to subsection 78(2) of the Canada Transportation Act (CTA), vary the terms and conditions of a licence on a temporary basis for international air services which are not permitted in an agreement.
The Agency has considered the application and the material in support and finds that it is appropriate to grant these authorities.
Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, varies:
- Condition No. 1 of Air Canada’s licence to the extent necessary to permit it to provide service to Izmir through code sharing; and
- Condition No. 1 of Turkish Airlines’ licence to the extent necessary to permit it to provide service to Vancouver, Calgary, Edmonton and Ottawa through code sharing.
These authorities are granted for a period of one year from the date of this Decision
In all other respects, the services shall be operated in accordance with the Agreement.