Order No. 2000-A-500
December 28, 2000
IN THE MATTER OF the operation of non-scheduled international services and scheduled international services by Air Canada effective January 1, 2001.
File No. M4210/A74
Air Canada is authorized to operate non-scheduled international services and scheduled international services between Canada and other countries.
On December 19, 2000, Air Canada filed with the Canadian Transportation Agency (hereinafter the Agency) a request for an exemption from the application of paragraph 18(c) of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR).
Paragraph 18(c) of the ATR provides that:
the licensee shall not operate an international air service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.
Air Canada submits that it is in the process of restructuring its commercial air services. As part of its restructuring, Air Canada indicates that Canadian Airlines International Ltd. carrying on business under the firm name and style of Canadian Airlines International or Canadi*n Airlines or Canadi*n (hereinafter Canadi*n) will be amalgamating with Air Canada effective January 1, 2001. On that date, the amalgamated company will be known as Air Canada and all services will be operated under the name of Air Canada. However, for a short period of time thereafter, certain aircraft operated by Air Canada will bear livery displaying the trade name and logos of Canadi*n.
Air Canada maintains that compliance with paragraph 18(c) of the ATR is unnecessary and impractical as all services will be operated under the name of Air Canada and no other representations will be made in relation to the trade name or logos of Canadi*n.
The Agency has carefully considered Air Canada's submission and recognizes that the integration of the operations of Air Canada and Canadi*n will take some time to complete. Therefore, the Agency is of the opinion that compliance with paragraph 18(c) of the ATR by Air Canada is impractical.
Accordingly, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c.10, the Agency hereby exempts Air Canada from the application of paragraph 18(c) of the ATR for a period of one year to allow Air Canada to operate aircraft bearing the livery of Canadi*n.
A copy of this Order shall be carried on board the aircraft and be provided to foreign authorities upon request.