Decision No. 529-A-2010
December 31, 2010
APPLICATION by Air Canada, on behalf of itself, Jazz Air LP, as represented by its general partner, Jazz Air Holding GP Inc. carrying on business as Air Canada Jazz, Jazz and Jazz Air and various international code‑share partners, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
File No. M4835-2
Air Canada, on behalf of itself, Jazz Air and various international code-share partners, applied to the Canadian Transportation Agency (Agency) to vary Decision Nos. 346‑A‑2010, 320‑A‑2010, 319-A-2010, 250‑A‑2010, 231‑A‑2010, 218‑A‑2010, 200‑A‑2010, 531‑A‑2009, 499‑A‑2009, 454‑A‑2009, 178‑A‑2009, 122‑A‑2009, 550‑A‑2008 (as varied by Decision No. 21‑A‑2009), 487‑A‑2008 and 689-A‑2000 (as varied by Decision No. 196‑A‑2008) [the Decisions] to reflect that code share approvals apply to Jazz Aviation LP rather than Jazz Air LP.
Jazz Aviation LP is authorized to operate, among others, a domestic service and a scheduled international service, 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 submits that Jazz Air currently operates certain flights within Canada and between Canada and the United States under an Amended and Restated Capacity Purchase Agreement with Air Canada dated January 1, 2006 (Capacity Purchase Agreement). Jazz Air is transferring substantially all of its assets and obligations, including the assignment of the Capacity Purchase Agreement, to Jazz Aviation LP.
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 the Decisions since they issued and that they should be varied.
Accordingly, the Agency, pursuant to section 32 of the CTA, varies the Decisions by replacing all reference to "Jazz Air LP, as represented by its general partner, Jazz Air Holding GP Inc. carrying on business as Air Canada Jazz, Jazz and Jazz Air" with "Jazz Aviation LP, as represented by its general partner, Aviation General Partner Inc. carrying on business as Air Canada Jazz, Jazz, Jazz Air and Thomas Cook Canada".
In Order No. 2010-A-659, the Agency exempted Jazz Air from the application of section 58 of the CTA and directed that new documents of licence would be issued to the new entity, upon the occurrence of certain events. Therefore, the Agency, pursuant to paragraph 28(1)(b) of the CTA, orders that this variance shall only take effect if and when the transfer of licences occurs.
All other conditions in the Decisions apply.
- J. Mark MacKeigan
- John Scott