Decision No. 339-A-2009
August 5, 2009
APPLICATION by Air Canada pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
File No. M4210/A74-4-75
Air Canada has applied to the Canadian Transportation Agency (Agency) for a temporary licence to operate, through code-sharing, an international air service on a scheduled basis, using large aircraft, between Canada and Luxembourg.
Under temporary Licence No. 080076, Air Canada is authorized to operate international air services on a scheduled code-share basis only between Canada and Luxembourg.
Condition No. 2 of temporary Licence No. 080076 states:
2. Unless terminated at an earlier date in accordance with the CTA, this licence shall terminate on August 15, 2009.
In its request, Air Canada states that it is applying for an extension of the licence or the issuance of a new licence for a period in accordance with the policy of the Government of Canada or the Agency on Luxembourg.
The authority requested by Air Canada is extra-bilateral because there is no agreement or arrangement between the Government of Canada and the Government of the Grand Duchy of Luxembourg which provides for the operation by a Canadian air carrier of a scheduled international air service between Canada and Luxembourg.
Prior to operating an international air service, the applicant must, in addition to holding a licence, hold a valid Canadian aviation document and have the prescribed liability insurance coverage. The Agency has considered the material on file and is satisfied that Air Canada meets those requirements.
Accordingly, pursuant to subsection 78(2) of the Canada Transportation Act, the Agency amends Condition No. 2 of temporary Licence No. 080076 to read:
2. This licence shall terminate on August 15, 2010.
Any similar requests for a subsequent authority shall be submitted to the Agency for approval one month prior to the expiry of the licence.
- Raymon J. Kaduck
- J. Mark MacKeigan