Application By Air Canada

[Lazionic]

is this the next step towards open skies? will we be getting the short end of the stick on this?

thanks!

https://www.otc-cta.gc.ca/eng/ruling/194-a-2012

Decision No. 194-A-2012

May 22, 2012

APPLICATION by Air Canada, on behalf of itself; Colgan Air, Inc. carrying on business as US Airways Express, United Express and Continental Connection (Colgan); and Champlain Enterprises, Inc. carrying on business as CommutAir and Continental Connection (CommutAir), 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.: M4835-2-56

Air Canada, on behalf of itself, Colgan and CommutAir, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its scheduled international services between Canada and the United States of America by selling transportation in its own name on flights operated by Colgan and CommutAir between Canada and the United States of America, including between points in the United States of America, for an indefinite period or such period as may be authorized by the Agency.

As the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (ATR), an exemption from the application of this provision is necessary. 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(l)(c) of the Canada Transportation Act (CTA), exempts Air Canada from the application of subsection 8.2(2) of the ATR.

Air Canada is licensed to operate scheduled international services, medium and large aircraft, 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 Air Canada of aircraft and flight crew provided by Colgan and CommutAir, and the provision by Colgan and CommutAir of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international services on licensed routes between Canada and the United States of America by selling transportation in its own name on flights operated by Colgan and CommutAir between Canada and the United States of America, including between points in the United States of America, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:

1. Air Canada shall continue to hold the valid licence authority.
   
2. Air Canada 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. Air Canada, Colgan and CommutAir 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. Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
   
6. Air Canada, Colgan and CommutAir shall provide the Agency with a copy of any new agreement or amendments to the code-sharing agreement, including any new or amended annex, without delay.
   
7. This approval does not apply to the carriage of cargo.
   

Member(s)

Raymon J. Kaduck

J. Mark MacKeigan

[boestar]

Pinnacle Airlines, a regional carrier that flies on behalf of Delta, United, Continental and US Airways under CPA agreements, filed for bankruptcy protection in April of this year to restructure its $1.42 billion debt. According to its restructuring plan, Pinnacle will cease its turboprop flying – consequently, Colgan will stop operating by the end of 2012 – and the Mesaba fleet has been moved to other subsidiaries.

Strange

[boestar]

My "Strange" comment was due to

– consequently, Colgan will stop operating by the end of 2012

If they stop flying why enter an agreement.

[Seeker]

This is nothing more than a paperwork shuffle - something to do with the Continental/United merger and the upshot is that AC much file this paperwork to keep existing codeshare agreements in place. There's nothing new here.

[deicer]

This is nothing more than a paperwork shuffle - something to do with the Continental/United merger and the upshot is that AC much file this paperwork to keep existing codeshare agreements in place. There's nothing new here.

That's what they want you to believe, until the 4th tier carrier takes over.

[Dropzone]

Colgan....aren't they the ones who pay their F/O's the big bucks....$!4,000 per anum ?!!!