Decision No. 689-A-2005

November 21, 2005

November 21, 2005

APPLICATION by Air Canada, on behalf of itself and Compania Mexicana de Aviacion, S.A. de C.V. doing business as Mexicana Airlines (hereinafter Mexicana), 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 Air Canada to provide scheduled international air services between Canada and Costa Rica by selling transportation in its own name on flights operated by Mexicana between Mexico City, Mexico and San José, Costa Rica from November 26, 2005 to April 1, 2006.

File No. M4835-2-36


Air Canada, on behalf of itself and Mexicana, has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on October 3, 2005.

The Agency notes that this application is a renewal of the approval granted by Decision No. 627-A-2002 dated November 21, 2002.

Under Licence No. 970005, Air Canada is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the Republic of Costa Rica on Air Transport initialled ad referendum on November 22, 1996 (hereinafter the Agreement).

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 (hereinafter the CTA), and section 8.2 of the ATR, hereby approves the use by Air Canada of aircraft with flight crew provided by Mexicana, and the provision by Mexicana of such aircraft with flight crew to Air Canada, to permit Air Canada to provide scheduled international air services on licensed routes between Canada and Mexico by selling transportation in its own name on flights operated by Mexicana between Mexico City, Mexico and San José, Costa Rica. This approval is granted from November 26, 2005 to April 1, 2006 and is subject to the following conditions:

  1. Air Canada shall continue to hold the required licence authority.
  2. The air service approved herein shall only be provided as long as a commercial agreement providing for such services remains in effect.
  3. Air Canada 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 the carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
  4. Air transportation using Air Canada's code on flights operated by Mexicana between Mexico City and San José shall not be sold separately and shall only be available to traffic carried on a continuous journey without stopover under Air Canada's code between Canada and Costa Rica. No local traffic may be carried under Air Canada's code between Mexico City and San José.

Air Canada and Mexicana are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

Air Canada and Mexicana 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 Air Canada and Mexicana from the requirements of other legislative acts or regulations, including those of Transport Canada.

Members

  • Mary-Jane Bennett
  • George Proud
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