Determination No. A-2019-81
APPLICATION by British Airways Plc carrying on business as British Airways (British Airways), on behalf of itself and Air Belgium SA – (Air Belgium), 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).
British Airways, on behalf of itself and Air Belgium, has applied to the Canadian Transportation Agency (Agency) for an approval to permit British Airways to provide its scheduled international services between Canada and Great Britain and Northern Ireland using one aircraft with flight crew provided by Air Belgium, beginning on June 9, 2019 to August 17, 2019.
British Airways is licensed to operate a scheduled international service in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.
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 British Airways of aircraft with flight crew provided by Air Belgium, and the provision by Air Belgium of such aircraft and flight crew to British Airways, to permit British Airways to provide its scheduled international service on licensed routes between Canada and the United Kingdom using aircraft and flight crew provided by Air Belgium, beginning on June 9, 2019 to August 17, 2019.
This approval is subject to the following conditions:
- British Airways shall continue to hold the valid license authority.
- Commercial control of the flights shall be maintained by British Airways. Air Belgium shall maintain operational control of the flights and shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.
- British Airways and Air Belgium 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.
- British Airways shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
- British Airways and Air Belgium shall advise the Agency in advance of any changes to the information provided in support of the application.