Decision No. 95-A-2007
February 28, 2007
APPLICATION by Air Canada, on behalf of itself and Eva Airways Corporation, 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, for an approval to permit Air Canada to provide its scheduled international service between Canada and Taipei by selling transportation in its own name on flights operated by Eva Airways Corporation between Vancouver, British Columbia, Canada and Taipei, from April 1 to October 29, 2007.
File No. M4835-2-37
Air Canada, on behalf of itself and Eva Airways Corporation (hereinafter Eva Airways), has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on January 10, 2007 and was complete and ready for processing on February 21, 2007.
The Agency notes that this application is for a renewal of the approval granted by Decision No. 567-A-2006 dated October 18, 2006.
Under Licence No. 990050, Air Canada is authorized to operate, inter alia, 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.
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 Air Canada of aircraft and flight crew provided by Eva Airways, and the provision by Eva Airways of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service between Canada and Taipei by selling transportation in its own name on flights operated by Eva Airways between Vancouver and Taipei, from April 1 to October 29, 2007, subject to the following conditions:
- Air Canada shall continue to hold the required licence authority.
- 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 air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
- The air service approved herein shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
Air Canada and Eva Airways are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.
Air Canada and Eva Airways 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 approval granted herein does not exempt Air Canada and Eva Airways from the requirements of other legislative acts or regulations, including those of Transport Canada.
- Baljinder Gill
- Mary-Jane Bennett