Determination No. A-2018-157
APPLICATION by WestJet, on behalf of itself and Aerovias de Mexico S.A. de C.V. carrying on business as AeroMexico (AeroMexico), 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).
WestJet, on behalf of itself and AeroMexico, has applied to the Canadian Transportation Agency (Agency) for an approval to permit WestJet to provide its scheduled international services between Canada and each of the following countries: Brazil, Chile, Colombia and Peru, by selling transportation in its own name on flights operated by AeroMexico between Mexico and each of the following countries: Brazil, Chile, Colombia and Peru, for an indefinite period.
WestJet is licensed to operate, through code sharing, scheduled international services between Canada and each of the following countries: Brazil, Chile, Colombia and Peru in accordance with the respective Agreements and Arrangements.
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 WestJet of aircraft with flight crew provided by AeroMexico, and the provision by AeroMexico of such aircraft and flight crew to WestJet, to permit WestJet to provide its scheduled international services on licensed routes between Canada and each of the following countries: Brazil, Chile, Colombia and Peru, by selling transportation in its own name on flights operated by AeroMexico between Mexico and each of the following countries: Brazil, Chile, Colombia and Peru, for an indefinite period from the date of this Determination.
This approval is subject to the following conditions:
- WestJet shall continue to hold the valid licence authorities.
- 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.
- The air services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
- WestJet and AeroMexico 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.
- WestJet shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
Member(s)
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