Decision No. 380-A-2016

December 22, 2016
APPLICATION by SATA Internacional - Serviços e Transportes Aéreos, S.A. (SATA), on behalf of itself and Transportes Aéros Portugueses, S.A. carrying on business as TAP, S.A., TAP-Air Portugal, Air Portugal and TAP (TAP), 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: 
16-05763

SATA, on behalf of itself and TAP, has applied to the Canadian Transportation Agency (Agency) for an approval to permit TAP to provide its scheduled international services between Canada and Member States of the European Community by selling transportation in its own name on flights operated by SATA, for an indefinite period.

SATA 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 SATA from the application of subsection 8.2(2) of the ATR.

TAP is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009 (Agreement).

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 TAP of aircraft with flight crew provided by SATA, and the provision by SATA of such aircraft and flight crew to TAP, to permit TAP to provide its scheduled international services on licensed routes between Canada and Member States of the European Community by selling transportation in its own name on flights operated by SATA, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:

  1. TAP shall continue to hold the valid licence authority.
  2. TAP 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 services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
  4. TAP and SATA 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. TAP shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. TAP and SATA 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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