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CTA: APPLICATION by Delta Air Lines, Inc. carrying on business as Delta Air Lines, as Delta and as D

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APPLICATION by Delta Air Lines, Inc. carrying on business as Delta Air Lines, as Delta and as Delta Shuttle (Delta), on behalf of itself; Alitalia - Società Aerea Italiana S.p.A. carrying on business as Alitalia - Società Aerea Italiana, as Alitalia SAI and as Alitalia (Alitalia); and Endeavor Air, Inc., Compass Airlines, LLC, GoJet Airlines LLC, SkyWest Airlines, Inc., and ExpressJet Airlines, Inc., all carrying on business as, among others, Delta Connection (Delta Connection), 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).

Delta, on behalf of itself, Alitalia and Delta Connection, has applied to the Canadian Transportation Agency (Agency) for an approval to permit Alitalia to provide its scheduled international services between member states of the European Community and Canada, via the United States of America, and between member states of the European Community and Canada, and beyond Canada to the United States of America, by selling transportation in its own name on flights operated by Delta and Delta Connection between the United States of America and Canada, for an indefinite period.

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

Alitalia is licensed to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009.

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 Alitalia of aircraft with flight crew provided by Delta and Delta Connection, and the provision by Delta and Delta Connection of such aircraft and flight crew to Alitalia, to permit Alitalia to provide its scheduled international services on licensed routes between member states of the European Community and Canada, via the United States of America, and between member states of the European Community and Canada, and beyond Canada to the United States of America, by selling transportation in its own name on flights operated by Delta and Delta Connection 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. Alitalia shall continue to hold the valid licence authority.
  2. Alitalia 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 services approved shall only be provided as long as a code-sharing agreement providing for such services remains in effect.
  4. Alitalia, Delta and Delta Connection 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. Alitalia shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
  6. Alitalia, Delta and Delta Connection 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.

As a result of the approval granted in this Determination, Decision No. 152-A-2011 is now redundant.

Accordingly, the Agency, pursuant to section 32 of the CTA, rescinds Decision No. 152-A-2011.

This press release was sourced from Canadian Transport Agency on 28-Feb-2018.