Decision No. 392-A-2009
September 18, 2009
APPLICATION by Société Air France carrying on business as Air France, on behalf of itself and Horizon Air Industries, Inc. carrying on business as Horizon Air, 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.
File No. M4835-32-2
Société Air France carrying on business as Air France (Air France), on behalf of itself and Horizon Air Industries, Inc. carrying on business as Horizon Air (Horizon), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air France to provide its scheduled international service between France and Canada by selling transportation in its own name on flights operated by Horizon between Seattle, Washington, United States of America and Victoria, British Columbia, Canada, for a period of three years or such longer period as may be authorized by the Agency, commencing on September 21, 2009.
Air France has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight.
Under Licence No. 975093, Air France is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the French Republic signed on June 15, 1976.
Under the terms of an arrangement between Canada and France reached through an exchange of diplomatic notes dated April 9 and April 28, 2009 (arrangement), code sharing between designated airlines and third-country carriers is permitted. That is, while providing services between Canada and France, the designated airlines may code share on flights operated by a carrier of a third country.
With respect to the request for an exemption from the application of subsection 8.2(2) of the ATR, the Agency has considered the request and is of the opinion that compliance by Air France with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (CTA), orders that Air France be exempt from the application of subsection 8.2(2) of the ATR.
The Agency has reviewed and considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.
With respect to the duration of the approval requested, in light of the provisions of the arrangement, the Agency considers that a term of three years would be appropriate.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Air France of aircraft and flight crew provided by Horizon, and the provision by Horizon of such aircraft and flight crew to Air France, to permit Air France to provide its scheduled international service between France and Canada by selling transportation in its own name on flights operated by Horizon between Seattle and Victoria, from September 21, 2009 to September 20, 2012, subject to the following conditions:
- Air France shall continue to hold the required licence authority.
- Air France shall apply its published tariffs, in effect, to the carriage of its traffic. In particular, 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.
- The air service approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- Air transportation using Air France's code on flights operated by Horizon between Seattle and Victoria shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air France's code between France and Canada.
- The approval granted does not apply to the carriage of cargo.
Air France and Horizon are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
Air France and Horizon are further reminded to provide the Agency with a copy of any new agreement or amendments to their commercial agreement, including any new or amended annex, without delay.
This approval does not exempt Air France and Horizon from the requirements of other legislative acts or regulations, including those of Transport Canada.
- Raymon J. Kaduck
- J. Mark MacKeigan