Decision No. 803-A-2000

December 28, 2000

December 28, 2000

APPLICATION by Air Canada for amendment of its Licence Nos. 975031, 975035, 975038, 975047, 980140, 980183, 990019, 990050, 000022 and 000027 to reflect all rights formerly held by Canadian Airlines International Ltd. carrying on business under the firm name and style of Canadian Airlines International or Canadi*n Airlines or Canadi*n (hereinafter Canadi*n) and acquired by Air Canada as a result of the amalgamation of Canadi*n with Air Canada.

File Nos. M4210/A74-4-6
M4210/A74-4-10
M4210/A74-4-13
M4210/A74-4-22
M4210/A74-4-34
M4210/A74-4-35
M4210/A74-4-36
M4210/A74-4-38
M4210/A74-4-42
M4210/A74-4-41


Air Canada has applied to the Canadian Transportation Agency (hereinafter the Agency) for the amendments set out in the title. The application was received on November 22, 2000.

Under Licence No. 975031, Air Canada is authorized to operate a scheduled international service, large aircraft, on the route(s) set out in the Agreement between the Government of Canada and the Government of Belgium on Air Transport signed on May 13, 1986.

Under Licence No. 975035, Air Canada is authorized to operate a scheduled international service, medium aircraft, and a scheduled international service, large aircraft, on the route(s) set out in the Air Transport Agreement between the Government of Canada and the Government of the French Republic signed on June 15, 1976.

Under Licence No. 975038, Air Canada is authorized to operate a scheduled international service, large aircraft, on the route(s) set out in the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada on Air Services signed on June 22, 1988.

Under Licence No. 975047, Air Canada is authorized to operate a scheduled international service, large aircraft, on the route(s) set out in the Agreement between the Government of Canada and the Government of Finland for Air Services signed on May 28, 1990.

Under Licence No. 980140, Air Canada is authorized to operate a scheduled international service, large aircraft, on the route(s) set out in the Agreement between the Government of Canada and the Government of New Zealand on Air Transport signed on September 4, 1985.

Under Licence No. 980183, Air Canada is authorized to operate a scheduled international service, medium aircraft, and a scheduled international service, large aircraft, on the route(s) set out in the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States signed on December 21, 1961.

Under Licence No. 990019, Air Canada is authorized to operate a scheduled international service, medium aircraft, and a scheduled international service, large aircraft, on the route(s) set out in the Agreement between the Government of Canada and the Government of the Kingdom of Thailand on Air Services, signed on May 24, 1989.

Under Licence No. 990050, Air Canada is authorized to operate a scheduled international service, medium aircraft, and a scheduled international service, large aircraft, in a manner consistent with the Supplementary Confidential Memorandum on Air Services between the Canadian Trade Office in Taipei and the Civil Aeronautics Administration of the Ministry of Transportation and Communications in Taipei signed on February 25, 1999, as amended.

Under Licence No. 000022, Air Canada is authorized to operate a scheduled international service, medium aircraft, and a scheduled international service, large aircraft, on the route(s) set out in the Air Service Agreement between the Government of Canada and the Government of the Russian Federation initialled ad referendum on June 17, 1998.

Under Licence No. 000027, Air Canada is authorized to operate a scheduled international service, medium aircraft, and a scheduled international service, large aircraft, on the routes set out in the Air Transport Agreement between the Government of Canada and the Government of the Czech Republic signed on March 13, 1996.

Air Canada submits that it is in the process of restructuring its commercial air services. As part of its restructuring, Air Canada indicates that Canadi*n will be amalgamating with Air Canada effective January 1, 2001. As a result, there will be some duplication of authorities and certain licences will have to be amended.

The Agency notes that by letter dated September 17, 2000, the Minister of Transport advised, inter alia, that where required by the integration of the operations of Air Canada and Canadi*n, Air Canada shall be designated as eligible to hold the scheduled international licences in lieu of Canadi*n. The Agency finds that, in order to accurately reflect the rights conferred on Air Canada by the Minister of Transport, certain conditions of Air Canada's licences must be amended.

The Agency has carefully considered the application and deems it to be consistent with the subject Agreements to amend certain conditions of the licences referred to above. Accordingly, the Agency, pursuant to subsection 71(1) of the Canada Transportation Act, S.C., 1996, c. 10, hereby amends the conditions of the licences as set out below.

Licence Nos. 975031, 975035, 975038, 975047, 980140, 980183, 990019, 000022 and 000027 are amended by amending Conditions Nos. 1 to read:

The Licensee is authorized to operate the route(s) set out in the Agreement.

Licence Nos. 990019 and 980183 are also amended by deleting Conditions Nos. 2.

In addition, Licence No. 990050 is hereby amended by deleting Condition No. 2 and by amending Condition No. 1 to read:

The scheduled international service authorized herein shall be operated in a manner consistent with the Supplementary Confidential Memorandum on Air Services between the Canadian Trade Office in Taipei and the Civil Aeronautics Administration of the Ministry of Transportation and Communications in Taipei signed on February 25, 1999, as amended.

Pursuant to paragraph 28(1)(a) of the CTA, the Agency directs that the amendments of these licences shall come into force on January 1, 2001.

New documents of licence, bearing Licence Nos. 975031, 975035, 975038, 975047, 980140, 980183, 990019, 990050, 000022 and 000027, will be issued.

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