Decision No. 159-A-2013
APPLICATION by Air Canada also carrying on business as Air Canada rouge, on behalf of itself and Aer Lingus Limited, pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.
Air Canada also carrying on business as Air Canada rouge (Air Canada), on behalf of itself and Aer Lingus Limited (Aer Lingus), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its scheduled international services between Canada and member states of the European Community by selling transportation in its own name on flights operated by Aer Lingus, for such longer period as may be authorized by the Agency commencing April 29, 2013.
Air Canada is licensed to operate scheduled international services, large aircraft, in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.
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 Air Transportation Regulations (ATR).
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, approves the use by Air Canada of aircraft and flight crew provided by Aer Lingus, and the provision by Aer Lingus of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international services on licensed routes between Canada and member states of the European Community by selling transportation in its own name on flights operated by Aer Lingus, for an indefinite period commencing April 29, 2013.
This approval is subject to the following conditions:
- Air Canada shall continue to hold the valid licence authority.
- 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.
- The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- Air Canada and Aer Lingus 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.
- Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Air Canada and Aer Lingus 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.
- Air transportation using Air Canada’s code on flights operated by Aer Lingus between points within the same member state of the European Community shall not be sold separately and shall only be available to traffic carried on a continuous journey between Canada and member states of the European Community. No local traffic may be carried under Air Canada’s code between points within the same member state.
- This approval does not apply to the carriage of cargo.