Determination No. A-2019-90

May 27, 2019

APPLICATION by WestJet, on behalf of itself and Sata Internacional - Azores Airlines, S.A. (Azores Airlines), 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).

Case number: 
19-02344

WestJet, on behalf of itself and Azores Airlines, has applied to the Canadian Transportation Agency (Agency) for an approval to permit WestJet to provide its scheduled international services between Canada and member states of the European Community by selling transportation in its own name on flights operated by Azores Airlines, for a period of five years or such period as may be authorized by the Agency.

WestJet 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 WestJet from the application of subsection 8.2(2) of the ATR.

WestJet is licensed to operate a scheduled international service, large aircraft, 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 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 WestJet of aircraft with flight crew provided by Azores Airlines, and the provision by Azores Airlines of such aircraft and flight crew to WestJet, to permit WestJet to provide its scheduled international services on licensed routes between Canada and member states of the European Community by selling transportation in its own name on flights operated by Azores Airlines, for an indefinite period from the date of this Determination.

This approval is subject to the following conditions:

  1. WestJet shall continue to hold the valid licence authority.
  2. WestJet 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.
  3. The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
  4. WestJet and Azores Airlines 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.
  5. WestJet shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. WestJet and Azores Airlines 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.
  7. Air transportation using WestJet's code on flights operated by Azores Airlines between points within the same member state of the European Community shall not be sold separately and shall only be available to traffic carried on a continuous journey between Canada and member states of the European Community.

Member(s)

J. Mark MacKeigan
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