Decision No. 21-A-2009

January 22, 2009

January 22, 2009

APPLICATION by Air Canada, on behalf of itself and Swiss International Air Lines Ltd. also carrying on business as Swiss, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to vary Decision No. 550-A-2008 dated October 27, 2008, to permit Air Canada while providing its scheduled international service between Canada and Spain, to also sell transportation in its own name on flights operated by Swiss International Air Lines Ltd. also carrying on business as Swiss between points in Switzerland and Barcelona, Spain.

File No. M4835-2-51


Air Canada has applied, on behalf of itself and Swiss International Air Lines Ltd. also carrying on business as Swiss (Swiss), to the Canadian Transportation Agency (the Agency) for the variance set out in the title. The application was complete on December 15, 2008.

By Decision No. 550-A-2008 dated October 27, 2008, the Agency approved, among others:

the use by Air Canada of aircraft and flight crew provided by Swiss and its affiliates and subsidiaries, and the provision by Swiss and its affiliates and subsidiaries of such aircraft and flight crew to Air Canada, to permit it to provide its scheduled international services on licensed routes between Canada and Switzerland, Greece, Italy and India, including between intermediate points and Switzerland, between domestic points in Switzerland, and between Switzerland and Greece, Italy and India, by selling transportation in its own name on flights operated by Swiss and its affiliates and subsidiaries; and,

Under Licence No. 010104, Air Canada is authorized to operate, among others, a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of Spain on Air Transport signed on September 15, 1988 (the Agreement).

The Agency has reviewed and considered the application and the material filed in support thereof and finds, pursuant to section 32 of the Canada Transportation Act (the CTA), that there has been a change in the facts or circumstances pertaining to Decision No. 550-A-2008 since it issued and that this Decision should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, varies Decision No. 550-A-2008 by:

authorizing the use by Air Canada of aircraft and flight crew provided by Swiss, and the provision by Swiss of such aircraft and flight crew to Air Canada, to permit Air Canada, while providing its scheduled international service between Canada and Spain, to sell transportation in its own name on flights operated by Swiss and its affiliates and subsidiaries between points in Switzerland and Barcelona, Spain; and

by amending Condition No. 5 of Decision No. 550-A-2008 to read:

Air transportation using Air Canada's code on flights operated by Swiss and its affiliates and subsidiaries between intermediate points and Switzerland, between domestic points in Switzerland, and between points in Switzerland and points beyond Switzerland shall be available only as part of a continuous journey between Canada and Switzerland, Greece, Italy, India and Spain.

All other conditions set out in Decision No. 550-A-2008 continue to apply.

Members

  • Raymon J. Kaduck
  • J. Mark MacKeigan
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