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[malcolm]

Will these codeshare flights replace some current Westjet flying , freeing up aircraft for other routes, or are they simply in additon to present services?


Decision No. 62-A-2012

February 21, 2012

APPLICATION by WestJet, on behalf of itself, SkyWest Airlines, Inc. carrying on business as Delta Connection and United Express (SkyWest) and ExpressJet Airlines, Inc. carrying on business as Atlantic Southeast Airlines, Delta Connection, Continental Express, United Express and ExpressJet Airlines Inc. (ExpressJet), pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.

File No.:

M4835-83-7


WestJet, on behalf of itself, SkyWest and ExpressJet, has applied to the Canadian Transportation Agency (Agency) for an approval to permit WestJet to provide its scheduled international service between Canada and the United States of America by selling transportation in its own name on flights operated by SkyWest and ExpressJet, for an indefinite period.

WestJet has also requested an exemption from the application of subsection 8.2(2) of the Air Transportation Regulations (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 Canada Transportation Act (CTA), exempts WestJet from the application of subsection 8.2(2) of the ATR.

WestJet is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.

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 CTAand section 8.2 of the ATR, approves the use by WestJet of aircraft and flight crew provided by SkyWest and ExpressJet, and the provision by SkyWest and ExpressJet of such aircraft and flight crew to WestJet, to permit WestJet to provide its scheduled international service on licensed routes between Canada and the United States of America by selling transportation in its own name on flights operated by SkyWest and ExpressJet, for an indefinite period from the date of this Decision.

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 service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.

4.    WestJet, SkyWest and ExpressJet 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, SkyWest and ExpressJet 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.