Determination No. A-2019-149
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 Air Canada to provide its scheduled international service between Canada and Thailand by selling transportation in its own name on flights operated by United between Tokyo, Japan, and Bangkok, Thailand, for a period of three years or such period as may be authorized by the Agency.Air
Canada is licensed to operate scheduled international services, medium and large aircraft, in accordance with the Arrangement between the Government of Canada and the Government of the Kingdom of Thailand set out in an Agreed Minute signed on June 22, 2017.
The Agency has considered the application and the material in support and is satisfied that it meets the requirementsof 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 Air Canada of aircraft with flight crew provided by United, and the provision by United of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service on licensed routes between Canada and Thailand by selling transportation in its own name on flights operated by United between Tokyo and Bangkok, for an indefinite period from the date of this Determination.
This approval is subject to the following conditions:
- Air Canada shall continue to hold the valid licence authority.
- Air Canada 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.
- Air Canada and United 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.
- Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Air Canada and United 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.
- Air transportation using Air Canada's code on flights operated by United between Tokyo and Bangkok shall not be sold separately and shall only be available to traffic carried on a continuous journey under Air Canada's code between Canada and Thailand. No local traffic may be carried under Air Canada's code between Tokyo and Bangkok.