Decision No. 377-A-2016

December 21, 2016
APPLICATION by Beijing Capital Airlines Co., Ltd. carrying on business as Beijing Capital Airlines and as Capital Airlines (Beijing Capital), on behalf of itself and Hainan Airlines Company Limited (Hainan 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: 
16-05378

Beijing Capital, on behalf of itself and Hainan Airlines, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Hainan Airlines to provide its scheduled international service between China and Canada by selling transportation in its own name on flights operated by Beijing Capital between China and Canada, beginning on December 30, 2016.

Hainan Airlines is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the People’s Republic of China on Air Transport signed on September 9, 2005.

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 ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Hainan Airlines of aircraft with flight crew provided by Beijing Capital, and the provision by Beijing Capital of such aircraft and flight crew to Hainan Airlines, to permit Hainan Airlines to provide its scheduled international service on licensed routes between China and Canada by selling transportation in its own name on flights operated by Beijing Capital between China and Canada, for an indefinite period beginning on December 30, 2016.

This approval is subject to the following conditions:

  1. Hainan Airlines shall continue to hold the valid licence authority.
  2. Hainan Airlines 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. Hainan Airlines and Beijing Capital 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. Hainan Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Hainan Airlines and Beijing Capital 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)

P. Paul Fitzgerald
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