Decision No. 314-A-2015

September 29, 2015

APPLICATION by Air Canada also carrying on business as Air Canada rouge, on behalf of itself and Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines, pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.

Case number: 
15-04308

Air Canada also carrying on business as Air Canada rouge, on behalf of itself and Brussels Airlines N.V./S.A. carrying on business as Brussels Airlines (Brussels Airlines), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its scheduled international service between Canada and Senegal by selling transportation in its own name on flights operated by Brussels Airlines between Belgium and Senegal, for such period as may be authorized by the Agency.

Air Canada is licensed to operate, through code sharing, a scheduled international service, large aircraft, between Canada and Senegal in accordance with the Arrangement between the Government of Canada and the Government of the Republic of Senegal set out in an Agreed Minute signed on September 12, 2012.

The Agency has considered the application and the material in support and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (ATR).

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, approves the use by Air Canada of aircraft with flight crew provided by Brussels Airlines, and the provision by Brussels Airlines of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service on licensed routes between Canada and Senegal by selling transportation in its own name on flights operated by Brussels Airlines between Belgium and Senegal, for an indefinite period beginning on November 16, 2015.

This approval is subject to the following conditions:

  1. Air Canada shall continue to hold the valid licence authority.
  2. Air Canada 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. Air Canada and Brussels Airlines 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. Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Air Canada and Brussels Airlines 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.
  7. Air transportation using Air Canada’s code on flights operated by Brussels Airlines between Belgium and Senegal shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air Canada’s code between Canada and Senegal. No local traffic may be carried under Air Canada’s code between Belgium and Senegal.
  8. This approval does not apply to the carriage of cargo.

Member(s)

P. Paul Fitzgerald
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