Decision No. 45-A-2004
January 29, 2004
File No. M4835-14-17
Docket No. 031460AG
Northwest Airlines, Inc. (hereinafter Northwest), on behalf of itself, Skywest Airlines, Inc. (hereinafter Skywest), Chautauqua, Comair, Inc. (hereinafter Comair) and ASA has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on November 28, 2003.
Northwest proposes to commence codesharing as soon as approval is received and therefore has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR), which requires the filing of an application for an approval at least 45 days before the first planned flight.
Under Licence Nos. 975102, 970063, 975092, 975111 and 000057, respectively, Northwest, Skywest, Chautauqua, Comair and ASA are authorized to operate scheduled international services in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995 (hereinafter the Agreement).
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 Northwest 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 (hereinafter the CTA), hereby orders that Northwest be exempt from the application of subsection 8.2(2) of the ATR.
The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that it meets the remaining requirements set out in section 8.2 of the ATR.
With respect to the duration of the approval, the Agency notes that codesharing is specifically permitted in the Agreement, subject to the normal regulatory requirements of the aeronautical authorities. Furthermore, the carriers from the United States of America have unrestricted access to Canada for transborder services. Under such circumstances, the Agency considers that it is appropriate to grant approval for an indefinite period.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, hereby approves the use by Northwest of aircraft and flight crew provided by Skywest, Chautauqua, Comair and ASA, and the provision by Skywest, Chautauqua, Comair and ASA of such aircraft and flight crew to Northwest, to permit Northwest, while providing its scheduled international service between Canada and the United States of America, to sell transportation in its own name on flights operated by Skywest, Chautauqua, Comair and ASA for an indefinite period, subject to the following conditions:
- Northwest shall continue to hold the required licence authority.
- The air services approved herein shall only be provided as long as code-sharing agreements between Northwest and Skywest, Chautauqua, Comair and ASA providing for such services remain in effect.
- Northwest shall apply its published tariff, 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.
Northwest, Skywest, Chautauqua, Comair and ASA are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
The approval granted herein does not exempt Northwest, Skywest, Chautauqua, Comair and ASA from the requirements of other legislative acts or regulations, including those of Transport Canada.