Decision No. 413-A-2014
APPLICATION by WestJet, on behalf of itself and Philippine Airlines, Inc., 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.
WestJet, on behalf of itself and Philippine Airlines, Inc. (Philippine Airlines), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Philippine Airlines to provide its scheduled international service between the Philippines and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada, for a period of three years or such longer period as may be authorized by the Agency, beginning on January 1, 2015.
Philippine Airlines is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of the Philippines on Air Transport initialled ad referendum on May 15, 2008.
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 Air Transportation Regulations (ATR).
With respect to the duration of the approval requested, the Agency considers an indefinite period to be appropriate.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, approves the use by Philippine Airlines of aircraft with flight crew provided by WestJet, and the provision by WestJet of such aircraft and flight crew to Philippine Airlines, to permit Philippine Airlines to provide its scheduled international service on licensed routes between the Philippines and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada, for an indefinite period beginning on January 1, 2015.
This approval is subject to the following conditions:
- Philippine Airlines shall continue to hold the valid licence authority.
- Philippine 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.
- The air service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
- Philippine Airlines and WestJet 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.
- Philippine Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Philippine Airlines and WestJet 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.
- The carriage of local traffic between points in Canada is prohibited.
- Air transportation using Philippine Airlines’ code on flights operated by WestJet between points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under Philippine Airlines’ code between the Philippines and Canada. No local traffic may be carried under Philippine Airlines’ code between points in Canada.
- This approval does not apply to the carriage of cargo.