Decision No. 319-A-2013

Air Canada also carrying on business as Air Canada rouge (Air Canada) has applied to the Canadian Transportation Agency (Agency) to vary Decision No. 689-A-2000 (Decision), as varied by Decision Nos. 196-A-2008">196‑A‑2008 and 529-A-2010">529-A-2010, to reflect that the code-share approval granted by that Decision to United Airlines, Inc. (United Airlines)¹, also applies to Sky Regional Airlines Inc. carrying on business as Sky Regional and Air Canada Express (Sky Regional) and to Air Georgian Limited also carrying on business as Air Alliance (Air Georgian).

In that Decision, the Agency authorized, among others, the use by United Airlines of aircraft and flight crew provided by Air Canada and Jazz Aviation LP, as represented by its general partner, Aviation General Partner Inc. carrying on business as Air Canada Jazz, Jazz and Jazz Air (Jazz Air), and the provision by Air Canada and Jazz Air of such aircraft and flight crew to United Airlines, to permit United Airlines 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 flight operated by Air Canada and Jazz Air between Canada and the United States of America.

Sky Regional is licensed to operate, among others, a domestic service, medium aircraft, and a scheduled international service, medium 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 (Agreement).

Air Georgian is licensed to operate, among others, a domestic service, small aircraft  and a scheduled international service, small aircraft, in accordance with the Agreement.

Air Canada advises that Sky Regional will begin operating flights within Canada and between Canada and the United States of America on behalf of Air Canada pursuant to the commercial agreement between Air Canada and Sky Regional.

The Agency has considered the application and the material in support and finds, pursuant to section 32 of the Canada Transportation Act (CTA), that there has been a change in the facts or circumstances pertaining to that Decision since it was issued and that it should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, varies the Decision as follows:

1. The code-share approval is replaced with the following: The Agency approves the use by United Airlines of aircraft and flight crew provided by Air Canada, Jazz Air, Sky Regional and Air Georgian, and the provision by Air Canada, Jazz Air, Sky Regional and Air Georgian of such aircraft and flight crew to United Airlines, to permit United Airlines to provide its scheduled international service on licensed routes between points in Canada and points in the United States of America by selling transportation in its own name on flight operated by Air Canada, Jazz Air, Sky Regional and Air Georgian between Canada and the United States of America.
2. Condition No. 4 is amended by adding Sky Regional and Air Georgian.

¹ The Agency notes that United Air Lines, Inc. now operates under the name United Airlines, Inc.