Determination No. A-2017-60
APPLICATION by Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo (Air Canada), on behalf of itself and United Airlines, Inc. carrying on business as United, as United Airlines, as Continental, as Continental Micronesia and as Air Micronesia (United), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended (ATR).
Air Canada, on behalf of itself and United, has applied to the Canadian Transportation Agency (Agency) for an approval to permit United to provide its scheduled international service between the United States of America and Algeria by selling transportation in its own name on flights operated by Air Canada between Canada and Algeria, beginning on July 1, 2017.
United is licensed 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 March 12, 2007 (Canada-United States Agreement). Under the terms of the Canada‑United States Agreement, services beyond Canada to, among others, Algeria, with traffic rights between Canada and Algeria, are permitted.
The Agency has considered the application and the material in support and is satisfied that it meets the requirements of section 8.2 of the ATR.
Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by United of aircraft with flight crew provided by Air Canada, and the provision by Air Canada of such aircraft and flight crew to United, to permit United to provide its scheduled international service on licensed routes between the United States of America and Algeria by selling transportation in its own name on flights operated by Air Canada between Canada and Algeria, for an indefinite period beginning on July 1, 2017.
This approval is subject to the following conditions:
- United shall continue to hold the valid licence authority.
- United shall apply its published tariffs, in effect, to the carriage of its traffic. 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 shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
- United and Air Canada shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
- United shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- United and Air Canada shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreement, including any new or amended annex, without delay.