Determination No. A-2019-60
APPLICATION by Etihad Airways P.J.S.C. carrying on business as Etihad Airways (Etihad Airways), on behalf of itself and ALIA – The Royal Jordanian Airline PLC (Royal Jordanian), 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).
Etihad Airways, on behalf of itself and Royal Jordanian, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Etihad Airways to provide its scheduled international service between Canada and Jordan by selling transportation in its own name on flights operated by Royal Jordanian between Canada and Jordan, beginning on March 31, 2019 to October 26, 2019.
Etihad Airways 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 Etihad Airways from the application of subsection 8.2(2) of the ATR.
Etihad Airways is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the United Arab Emirates on Air Transport, signed on June 17, 2001.
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 Etihad Airways of aircraft with flight crew provided by Royal Jordanian, and the provision by Royal Jordanian of such aircraft and flight crew to Etihad Airways, to permit Etihad Airways to provide its scheduled international service on licensed routes between Canada and Jordan by selling transportation in its own name on flights operated by Royal Jordanian between Canada and Jordan, from the date of this Determination to October 26, 2019.
This approval is subject to the following conditions:
- Etihad Airways shall continue to hold the valid licence authority.
- Etihad Airways 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.
- Etihad Airways and Royal Jordanian 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.
- Etihad Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- Etihad Airways and Royal Jordanian 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.