Decision No. 305-A-2016

October 6, 2016
APPLICATION by Société Air France carrying on business as Air France (Air France), on behalf of itself and Jet Airways (India) Limited (Jet Airways), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c.10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Case number: 
16-04803

Air France, on behalf of itself and Jet Airways, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Jet Airways to provide its scheduled international service between India and Canada by selling transportation in its own name on flights operated by Air France between France and Canada, for an indefinite period.

Air France has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts Air France from the application of subsection 8.2(2) of the ATR.

Jet Airways is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of India on Air Transport signed on July 20, 1982.

The Agency has considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Jet Airways of aircraft with flight crew provided by Air France, and the provision by Air France of such aircraft and flight crew to Jet Airways, to permit Jet Airways to provide its scheduled international service on licensed routes between India and Canada by selling transportation in its own name on flights operated by Air France between France and Canada, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:

  1. Jet Airways shall continue to hold the valid licence authority.
  2. Jet Airways shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
  3. The air service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
  4. Jet Airways and Air France shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
  5. Jet Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Jet Airways and Air France shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreement, including any new or amended annex, without delay.

Member(s)

Stephen Campbell
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