Decision No. 419-A-2013

Air Canada also carrying on business as Air Canada rouge (Air Canada) applied to the Canadian Transportation Agency (Agency) to vary Decision No. 121-A-2011 (Decision) to reflect that the code-share approval granted to Lineas Aereas Costarricenses S.A. carrying on business as LACSA (LACSA) also applies to Sky Regional Airlines Inc. carrying on business as Sky Regional and Air Canada Express (Sky Regional).       

In the Decision, the Agency authorized, among others, the use by LACSA 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), and the provision by Air Canada and Jazz of such aircraft and flight crew to LACSA, to permit LACSA to provide its scheduled international service on licensed routes between Costa Rica and Canada by selling transportation in its own name on flights operated by Air Canada and Jazz between the United States of America, Mexico and Canada, and between points within Canada 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.

Sky Regional operates 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 LACSA 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 LACSA, to permit LACSA to provide its scheduled international service on licensed routes between Costa Rica and Canada, by selling transportation in its own name on flights operated by Air Canada between the United States of America, Mexico and Canada, and by selling transportation in its own name on flights operated by Air Canada, Jazz and Sky Regional between the United States of America and Canada and between points within Canada.

    2.    Condition No. 4 is amended by adding Sky Regional.