Decision No. 449-A-2009

October 27, 2009

October 27, 2009

APPLICATION by Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines) [Lufthansa], on behalf of itself and Air New Zealand Limited (Air New Zealand), 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. M4835-34-3


Lufthansa has, on behalf of itself and Air New Zealand, applied to the Canadian Transportation Agency (Agency) for approvals to permit Lufthansa to provide its scheduled international service between Germany and New Zealand by selling transportation in its own name on flights operated by Air New Zealand between Vancouver, British Columbia, Canada and Auckland, New Zealand; and to permit Air New Zealand to provide its scheduled international service between New Zealand and Germany by selling transportation in its own name on flights operated by Lufthansa between Vancouver and Frankfurt, Germany.

Under Licence No. 975133, Air New Zealand is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of New Zealand on Air Transport, signed on September 4, 1985, as amended.

Under Licence No. 975118, Lufthansa 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 Federal Republic of Germany signed on March 26, 1973, as amended.

Under the terms of the Agreements, code sharing between designated airlines and third-country carriers is permitted. That is, while providing services between Canada and New Zealand and between Canada and Germany, the designated airlines may code share on each other's flights, or on flights operated by a carrier of a third country.

The Agency has reviewed and considered the application and the material in support and is satisfied that it meets the requirements of section 8.2 of the ATR.

With respect to the duration of the approvals requested, in light of the provisions of the Agreements, 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 Lufthansa of aircraft and flight crew provided by Air New Zealand, and the provision by Air New Zealand of such aircraft and flight crew to Lufthansa, to permit Lufthansa to provide its scheduled international service between Germany and New Zealand by selling transportation in its own name on flights operated by Air New Zealand between Vancouver and Auckland.

In addition, the Agency approves the use by Air New Zealand of aircraft and flight crew provided by Lufthansa, and the provision by Lufthansa of such aircraft and flight crew to Air New Zealand, to permit Air New Zealand to provide its scheduled international service between New Zealand and Germany by selling transportation in its own name on flights operated by Lufthansa between Vancouver and Frankfurt.

These approvals are granted for a period of three years from the date of this Decision and are subject to the following conditions:

  1. Lufthansa and Air New Zealand shall continue to hold the required licence authorities.
  2. Each carrier 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.
  3. The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
  4. Air transportation using Lufthansa's code on flights operated by Air New Zealand between Vancouver and Auckland shall not be sold separately and shall only be available to traffic carried on a continuous journey without stopover under Lufthansa's code between Germany and New Zealand. No local traffic may be carried under Lufthansa's code between Vancouver and Auckland.

Lufthansa and Air New Zealand are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

Lufthansa and Air New Zealand 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.

These approvals do not exempt Lufthansa and Air New Zealand from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

  • John Scott
  • J. Mark MacKeigan

Member(s)

J. Mark MacKeigan
John Scott
Date modified: