Decision No. 340-A-2016

Decision rescinded by Determination No. A-2017-52
November 7, 2016
APPLICATION by South African Airways SOC Limited carrying on business as South African Airways (South African Airways), on behalf of itself and Ethiopian Airlines Enterprise carrying on business as Ethiopian Airlines (Ethiopian Airlines), 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: 
Case No. 16-05040

South African Airways, on behalf of itself and Ethiopian Airlines, has applied to the Canadian Transportation Agency (Agency) for an approval to permit South African Airways to provide its scheduled international service between South Africa and Canada by selling transportation in its own name on flights operated by Ethiopian Airlines between Ethiopia and Canada, for an indefinite period beginning on November 30, 2016.

South African Airways 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 South African Airways from the application of subsection 8.2(2) of the ATR.

South African Airways is licensed to operate, through code sharing, a scheduled international service in accordance with the Arrangement between the Government of Canada and the Government of the Republic of South Africa set out in an Agreed Minute, signed on July 8, 2009.

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 South African Airways of aircraft with flight crew provided by Ethiopian Airlines, and the provision by Ethiopian Airlines of such aircraft and flight crew to South African Airways, to permit South African Airways to provide its scheduled international service on licensed routes between South Africa and Canada by selling transportation in its own name on flights operated by Ethiopian Airlines between Ethiopia and Canada, for an indefinite period beginning on November 30, 2016.

This approval is subject to the following conditions:

  1. South African Airways shall continue to hold the valid licence authority.
  2. South African 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. South African Airways and Ethiopian 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. South African Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. South African Airways and Ethiopian 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 South African Airways’s code on flights operated by Ethiopian Airlines between Ethiopia and Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under South African Airways’s code between South Africa and Canada.

Member(s)

P. Paul Fitzgerald
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