Determination No. A-2017-61
APPLICATION by United Airlines, Inc. carrying on business as United, as United Airlines, as Continental, as Continental Micronesia and as Air Micronesia (United), on behalf of itself, SkyWest Airlines, Inc.; ExpressJet Airlines, Inc.; Republic Airline Inc.; GoJet Airlines LLC; Trans States Airlines, LLC; and Mesa Airlines, Inc., all carrying on business as, among others, United Express (United Express), and Asiana Airlines, Inc. carrying on business as Asiana Airlines (Asiana), 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).
United, on behalf of itself, United Express and Asiana, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Asiana to provide its scheduled international service between Korea and Canada by selling transportation in its own name on flights operated by United and United Express between the United States of America and Canada, for an indefinite period beginning on June 12, 2017.
United has also requested an exemption from the application of subsection 8.2(2) of the ATR, which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts United from the application of subsection 8.2(2) of the ATR.
Asiana is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Korea on Air Transport signed on September 22, 2014.
The Agency has considered the application and the material in support and is satisfied that it meets the remaining 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 Asiana of aircraft with flight crew provided by United and United Express, and the provision by United and United Express of such aircraft and flight crew to Asiana, to permit Asiana to provide its scheduled international service on licensed routes between Korea and Canada by selling transportation in its own name on flights operated by United and United Express between the United States of America and Canada, for an indefinite period beginning on June 12, 2017.
This approval is subject to the following conditions:
- Asiana shall continue to hold the valid licence authority.
- Asiana 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, United Express and Asiana 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.
- Asiana shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- United, United Express and Asiana shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreements, including any new or amended annex, without delay.
- Air transportation using Asiana’s code on flights operated by United and United Express between the United States of America and Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under Asiana’s code between Korea and Canada. No local traffic may be carried under Asiana’s code between the United States of America and Canada.