CTA: APPLICATION by Aerovias de Mexico S.A. de C.V. carrying on business as AeroMexico (AeroMexico),

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

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

AeroMexico is licensed to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the United Mexican States on Air Transport, signed on February 18, 2014.

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 AeroMexico of aircraft with flight crew provided by Delta, Delta Connection and Republic, and the provision by Delta, Delta Connection and Republic of such aircraft and flight crew to AeroMexico, to permit AeroMexico to provide its scheduled international service on licensed routes between Mexico and Canada by selling transportation in its own name on flights operated by Delta, Delta Connection and Republic between the United States of America and Canada, for an indefinite period from the date of this Determination.

This approval is subject to the following conditions:

1. AeroMexico shall continue to hold the valid licence authority.
2. AeroMexico 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. AeroMexico, Delta, Delta Connection and Republic 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. AeroMexico shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
6. AeroMexico, Delta, Delta Connection and Republic 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 AeroMexico's code on flights operated by Delta, Delta Connection and Republic between the United States of America and Canada shall not be sold separately and shall only be available to traffic carried on a continuous journey under AeroMexico's code between Mexico and Canada or the United States of America. No local traffic may be carried under AeroMexico's code between the United States of America and Canada.

As a result of the approval granted in this Determination, Decision No. 111-A-2012 and Determination No. A-2017-202 are now redundant.

Accordingly, the Agency, pursuant to section 32 of the CTA, rescinds Decision No. 111-A-2012 and Determination No. A-2017-202.