Decision No. 595-A-1998
December 4, 1998
APPLICATION by Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadi*n (hereinafter Canadi*n) on behalf of itself and Air Pacific Limited (hereinafter Air Pacific), for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended, to permit Canadi*n, while providing its scheduled international service between Canada and New Zealand, to sell transportation in its own name and to apply its own code on flights operated by Air Pacific between Honolulu, Hawaii, United States of America and Auckland, New Zealand from December 7, 1998 to October 27, 2001.
File No. M4820/N4
Docket No. 980838AG
Canadi*n, on behalf of itself and Air Pacific, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on September 8, 1998.
Under Licence No. 975014, Canadi*n is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of New Zealand on Air Transport signed on September 4, 1985, (hereinafter the Agreement).
In accordance with the route schedule initialled ad referendum on July 29, 1998, Canadi*n may enter into cooperative arrangements for the purpose of code-sharing on flights operated by airlines of third countries.
The Agency has reviewed and considered the application and the material in support thereof and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (hereinafter the ATR).
Accordingly, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, the Agency hereby approves the use by Canadi*n of aircraft and flight crew provided by Air Pacific, and the provision of such aircraft and flight crew by Air Pacific to Canadi*n to permit Canadi*n, while providing its scheduled international service between Canada and New Zealand, to sell transportation in its own name and apply its own code on flights operated by Air Pacific between Honolulu, Hawaii, United States of America and Auckland, New Zealand from December 7, 1998 to October 27, 2001, subject to the following conditions:
- Canadi*n shall continue to hold the appropriate licence authority.
- Canadi*n shall apply its published tariffs, on file with the Agency and in effect, to the carriage of its traffic. In particular, nothing in any commercial agreement between Canadi*n and Air Pacific relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
- Canadi*n and Air Pacific shall provide the Agency with a copy of any new or amended annexes and/or appendices to the commercial agreement that relate to this authority within thirty (30) days after their signature.
Canadi*n and Air Pacific 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 Canadi*n and/or Air Pacific from the requirements of other legislative acts or regulations, including those of Transport Canada.