Decision No. 466-A-2012

December 7, 2012

APPLICATION by United Air Lines, Inc., on behalf of itself and Air Canada, 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.: 
M4835-2-28

United Air Lines, Inc. (United), on behalf of itself and Air Canada, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its international air services on a scheduled basis between Canada and Belize, by selling transportation in its own name on flights operated by United between the United States of America and Belize, for an indefinite period or such period as may be authorized by the Agency.

Air Canada is licensed to operate international air services on a scheduled basis, using medium and large aircraft, between Canada and Belize, until November 29, 2013.

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, as the licence authority to serve Belize expires on November 29, 2013, the Agency is of the opinion that it would be inappropriate to consider granting the requested approval beyond the expiry date of the licence.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act (CTA), and section 8.2 of the ATR, approves the use by Air Canada of aircraft and flight crew provided by United, and the provision by United of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its international air services on a scheduled basis between Canada and Belize by selling transportation in its own name on flights operated by United between the United States of America and Belize, from the date of this decision to November 29, 2013.

This approval is subject to the following conditions:

  1. Air Canada shall continue to hold the valid licence authority.
  2. Air Canada 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. Air Canada and United 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. Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Air Canada and United 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.
  7. Air transportation using Air Canada’s code on flights operated by United between the United States of America and Belize shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air Canada’s code between Canada and Belize. No local traffic may be carried under Air Canada’s code between the United States of America and Belize.

Member(s)

Raymon J. Kaduck
Jean-Denis Pelletier, P.Eng.
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