Determination No. A-2017-124

WestJet, on behalf of itself and China Airlines, has applied to the Canadian Transportation Agency (Agency) for an approval to permit China Airlines to provide its scheduled international service between Taipei, Taiwan and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada, beginning on September 3, 2017 for an indefinite period.

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.

China Airlines is licensed to operate a scheduled international service in a manner consistent with the Confidential Arrangement on Air Transport between the Canadian Trade Office in Taipei and the Civil Aeronautics Administration of the Ministry of Transportation and Communications in Taipei, dated November 18, 2013.

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 China Airlines of aircraft with flight crew provided by WestJet, and the provision by WestJet of such aircraft and flight crew to China Airlines, to permit China Airlines to provide its scheduled international service on licensed routes between Taipei and Canada by selling transportation in its own name on flights operated by WestJet between points in Canada, beginning on September 3, 2017 for an indefinite period.

This approval is subject to the following conditions:

1. China Airlines shall continue to hold the valid licence authority.
2. China Airlines 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 service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
4. China Airlines and WestJet 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. China Airlines shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. China Airlines and WestJet 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 China Airlines' code on flights operated by WestJet between points in Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under China Airlines' code between Taipei and Canada. No local traffic may be carried under China Airlines' code between points in Canada.
8. This approval does not apply to the carriage of cargo.