Order No. 2016-A-197
Hong Kong Airlines Limited has applied to the Canadian Transportation Agency (Agency) for an exemption from subsection 110(1) of the ATR in order to sell transportation between Hong Kong and points in Canada without having a tariff applicable to these Canadian services on file and in effect with the Agency. Hong Kong Airlines Limited wishes to commence selling services, but the applicable Canadian tariff is not yet ready to be filed with the Agency. It is seeking a 90-day exemption period until it files its own tariff with the Agency in anticipation of the commencement of its service at the end of June 2017.
Hong Kong Airlines Limited states that pending the filing of an acceptable tariff, it will apply the general terms and conditions of carriage of its US DoT tariff designated as HX-1, published by the Airline Tariff Publishing Company, Agent, which is applicable to travel between Hong Kong and the United States of America.
Paragraph 80(1)(b) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) provides that the Agency may, by order, on such terms and conditions as it deems appropriate, exempt a person from the application of any of the provisions of Part II of the CTA or of a regulation or order made under that Part where the Agency is of the opinion that an action taken by the person is as effective as compliance with the provision.
The Agency has considered the application and is of the opinion that Hong Kong Airlines Limited, by agreeing to apply its US DoT tariff HX-1 to the sale of its fares on an interim basis in lieu of filing its own tariff with the Agency and committing to filing its own tariff, has taken actions that are as effective as compliance with the requirement to file its own tariff.
Accordingly, the Agency, pursuant to paragraph 80(1)(b) of the CTA, exempts Hong Kong Airlines Limited from the application of subsection 110(1) of the ATR.
This exemption is in effect for 90 days from the date of this order, by which time it is expected that Hong Kong Airlines Limited’s own tariff applicable to the new service will be on file and in effect with the Agency.
Hong Kong Airlines Limited shall, for the period of the exemption, apply the general terms and conditions of carriage contained in its US DoT tariff HX-1, published by the Airline Tariff Publishing Company, Agent.