Decision No. 257-A-1998
May 29, 1998
APPLICATIONS by Continental Airlines, Inc. doing business as Continental Airlines (hereinafter Continental) and Northwest Airlines, Inc. (hereinafter Northwest) for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, to permit Continental to provide scheduled international services between Canada and the United States of America by selling transportation in its own name on flights operated by Northwest, during the period between June 1, 1998 and May 31, 2001.
File No. M4212/C191-3
Docket No. 980268AG
Continental and Northwest have applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application filed by Northwest was received on March 10, 1998 and was amended on April 7, 1998. The application filed by Continental was received on March 26, 1998 and was amended on April 15, 1998.
Under Licence No. 975083, Continental is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995.
Under Licence No. 975102, Northwest is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995.
The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (hereinafter the ATR).
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, hereby approves the use by Continental of aircraft and crew belonging to Northwest, and the provision by Northwest of such aircraft with flight crew to Continental, in order to permit Continental to sell transportation in its own name and apply its own code on flights operated by Northwest between points in the United States and points in Canada, during the period commencing on June 1, 1998 and ending on May 31, 2001, subject to the following conditions:
- Continental and Northwest shall continue to hold the required licence authorities.
- Each airline shall apply its tariffs in effect to the carriage of its traffic. In particular, nothing in any commercial agreement between the two airlines relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
Continental and Northwest are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
The approval granted herein does not exempt Continental and Northwest from the requirements of other legislative acts or regulations, including those of Transport Canada.