Decision No. 617-A-2005

October 13, 2005

October 13, 2005

APPLICATION by US Airways, Inc. carrying on business as US Air, US Airways and US Airways Shuttle, on behalf of itself and Air Wisconsin Airlines Corporation carrying on business as United Express and US Airways Express, 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 US Airways, Inc. carrying on business as US Air, US Airways and US Airways Shuttle to provide scheduled international services between the United States of America and Canada by selling transportation in its own name on flights operated by Air Wisconsin Airlines Corporation carrying on business as United Express and US Airways Express between points in the United States of America and points in Canada, for an indefinite period commencing October 13, 2005.

File No. M4835-54-1


US Airways, Inc. carrying on business as US Air, US Airways and US Airways Shuttle (hereinafter US Airways), on behalf of itself and Air Wisconsin Airlines Corporation carrying on business as United Express and US Airways Express (hereinafter Air Wisconsin), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on October 5, 2005 and was complete and ready for processing on October 13, 2005.

US Airways 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. 975066 and 020042, US Airways and Air Wisconsin are respectively authorized to operate scheduled international services between points in the United States of America and points in Canada 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 US Airways 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 US Airways 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 of section 8.2 of the ATR.

With respect to the duration of the approval requested, the Agency notes that code sharing between Canadian and American carriers is specifically permitted in the Agreement, subject to the normal regulatory requirements of the aeronautical authorities. 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 US Airways of aircraft and flight crew provided by Air Wisconsin, and the provision by Air Wisconsin of such aircraft and flight crew to US Airways, to permit US Airways to provide scheduled international services between the United States of America and Canada by selling transportation in its own name on flights operated by Air Wisconsin between points in the United States of America and points in Canada, for an indeterminate period commencing October 13, 2005, subject to the following conditions:

  1. US Airways and Air Wisconsin shall continue to hold the required licence authorities.
  2. Each carrier shall apply its published 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.
  3. The air services approved herein shall only be provided as long as a commercial agreement providing for such services remains in effect.

US Airways and Air Wisconsin are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

US Airways and Air Wisconsin 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.

The authority granted herein does not exempt US Airways and Air Wisconsin from the requirements of other legislative acts or regulations, including those of Transport Canada.

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