Decision No. 605-A-2003
October 24, 2003
File No. M4835-11-2
Docket No. 031300AG
El Al Israel Airlines Ltd. (hereinafter El Al), on behalf of itself and Delta Airlines, Inc. (hereinafter Delta), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on August 18, 2003.
The Agency notes that this application is for renewal of the approval granted by Decision No. 168-A-2003 dated March 26, 2003.
Under Licence No. 030147, El Al is authorized to operate a scheduled international service consistent with the Agreed Minute between Canada and Israel signed on October 9, 2003 (hereinafter the Agreed Minute).
Under Licence No. 975099, Delta 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 United States of America signed on February 24, 1995 (hereinafter the Agreement).
The Agency notes that under the terms of the Agreed Minute and subject to normal regulatory requirements, El Al may, on its flights, carry passengers under the code of Air Canada and one third country airline authorized by Canada, in this case Delta.
The intent of Delta to apply its code on flights operated by El Al is also consistent with the Agreement because, while providing services between Canada and the United States of America, the carriers of those two countries may apply their codes on flights operated by a carrier of a third country namely, in this case, El Al.
The Agency has reviewed and considered the application and the material filed in support thereof and is satisfied that it meets the requirements of section 8.2 of the Air Transportation Regulations (hereinafter the ATR).
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the Canada Transportation Act and section 8.2 of the ATR, hereby approves the use by Delta of aircraft and flight crew provided by El Al, and the provision by El Al of such aircraft and flight crew to Delta, to permit Delta, while providing its scheduled international air services between Canada and the United States of America, to sell transportation in its own name on flights operated by El Al between Toronto and Los Angeles from October 26, 2003 to March 27, 2004, subject to the following conditions:
- Delta shall continue to hold the required licence authority.
- The air services approved herein shall only be provided as long as a code-sharing agreement between El Al and Delta providing for such services remains in effect.
- Delta shall apply its tariffs 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.
El Al and Delta are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
El Al and Delta are further reminded to provide the Agency with a copy of any amendments to their code-sharing agreement or of any new or amended annex.
The approval granted herein does not exempt El Al and Delta from the requirements of other legislative acts or regulations, including those of Transport Canada.