Decision No. 347-A-2013

This Decision has been rescinded by Decision No. 344-A-2014.

August 30, 2013

APPLICATION by Air Canada also carrying on business as Air Canada rouge, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

File No.: 
M4835-2-5

Air Canada, also carrying on business as Air Canada rouge (Air Canada) has applied to the Canadian Transportation Agency (Agency) to vary Decision No. 465-A-2012 (Decision) to reflect that the code-share approval granted to Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines) [Lufthansa] and its affiliate Lufthansa CityLine GmbH (CityLine)    also applies to Sky Regional Airlines Inc. carrying on business as Sky Regional and Air Canada Express (Sky Regional).

In that Decision, the Agency authorized, among others, the use by Lufthansa of aircraft and flight crew provided by Air Canada and Jazz Aviation LP, as represented by its general partner, Aviation General Parter Inc. carrying on business as Air Canada Jazz, Jazz and Jazz Air (Jazz) and the provision by Air Canada and Jazz of such aircraft and flight crew to Lufthansa, to permit Lufthansa to provide its scheduled international services on licensed routes between member states of the European Community and Canada, including sectors of flights between Canada and the United States of America, by selling transportation in its own name on flights operated by Air Canada and Jazz.

Sky Regional is authorized 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.

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 Lufthansa of aircraft and flight crew provided by Air Canada, Jazz and Sky Regional and the provision by Air Canada, Jazz and Sky Regional of such aircraft and flight crew to Lufthansa, to permit Lufthansa to provide its scheduled international services, on licensed routes between member states of the European Community and Canada including by selling transportation in its own name on flights operated by Air Canada, and by selling transportation in its own name on flights operated by Air Canada, Jazz and Sky Regional between Canada and the United States of America.
  2. Condition No. 4 is amended by adding Sky Regional.  

Member(s)

J. Mark MacKeigan
Sam Barone
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