Order No. 2016-A-37
APPLICATION by Xiamen Airlines Co., Ltd. carrying on business as Xiamen Airlines for an exemption from subsection 110(1) of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Xiamen Airlines Co., Ltd. carrying on business as Xiamen Airlines (Xiamen Airlines) has applied to the Canadian Transportation Agency (Agency) for an exemption from subsection 110(1) of the ATR in order to sell transportation between points in Canada and points in China without having its own tariff on file and in effect with the Agency. Xiamen Airlines is requesting a 90-day exemption period because it wishes to commence selling its service and does not have a tariff prepared to file with the Agency. Xiamen Airlines will have its own tariff completed and filed with the Agency prior to the commencement of its service on July 25, 2016.
Xiamen Airlines states that pending the filing of an acceptable tariff, it will apply the general terms and conditions of carriage of China Southern Airlines’ Tariff NTA(A) No. 532, published by the Airline Tariff Publishing Company, Agent, which is applicable for transportation between China and Canada. Applying the terms and conditions of China Southern Airlines’ tariff will serve the purpose of section 59 for the requirement to have a tariff filed with the Agency as per the conditions set out in Order No. 2016-A-35.
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 Xiamen Airlines, by agreeing to apply China Southern Airlines’ tariff 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 prior to its first flights operating on July 26, 2016, 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 Xiamen Airlines from the application of subsection 110(1) of the ATR.
This exemption expires on May 26, 2016, by which time it is expected that Xiamen Airlines’ own tariff applicable to the new service will be on file and in effect with the Agency.
Xiamen Airlines, for the period of the exemption, will apply the general terms and conditions of carriage contained in China Southern Airlines’ Tariff NTA(A) No. 532, published by the Airline Tariff Publishing Company, Agent.
This Order takes effect on March 21, 2016, the date on which it was communicated verbally to Xiamen Airlines.