UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2014-0177 

filed October 8, 2014 

Application of Air Canada for a blanket statement of authorization under 14 C.F.R. Part 212 to permit 

Air Canada for an indefinite duration to display the (A V*) designator code of Aerovias del Continente 

Americana S.A. (Avianca) on flights operated by Air Canada from any point or points in Canada, via 

intermediate points to any point or points in the U.S., so that Avianca can hold out service beyond the 

United States to points in Canada. 1 Air Canada also requests a waiver of the 45-day advance filing 

requirement under 14 CFR Part 212. 

*Approved in part under assigned authority (14 C.F.R. §385.13), remainder dismissed.

2 

Date of Action: October 14, 20143 

\;,\·. Director, Office of Internatl 

Persons entitled to petition the Department for review of this action under the Department's regulations, 

14 CFR § 3 85 .30, should file their petitions within seven days of the date of this action. This action is effective 

immediately, and the filing of a petition for review will not alter its effectiveness. 

We may amend, modify, or revoke the authority granted at any time, without hearing, at our discretion. 

• The authority granted is subject to the attached conditions. 

1 Air Canada states that Avianca wi ll not market its code-share service to local passengers traveling solely between the United States 

and Canada. 2 We are granting Air Canada's request that its statement of authorization allow the display of the (A V*) code of Avianca on 

U.S.-Canada services operated by Air Canada, as well as on U.S.-Canada services that Jazz Aviation (Jazz) LP, Sky Regional Airlines, 

Inc. (Sky Regional) or Air Georgian, as Jazz, Sky Regional, and Air Georgian hold the underlying economic authority and statements 

of authorization from the Department that are necessary to conduct the proposed operations. 3 The Department is acting on the application of Air Canada prior to the expiration of the 7-business day answer period with the 

consent of all parties served. 
The code-share operations authorized here are subject to the following conditions:4 

(a) The statement of authorization will remain in effect only as long as (i) Air Canada and A vianca 

continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) 

the code-share agreement providing for the code-share operations remains in effect. 

(b) Air Canada and A vianca must promptly notify the Department if the code-share agreement 

providing for the code-share operations is no longer effective or the carriers decide to cease 

operating any or all of the approved code-share services. We expect this notification to be 

received within 10 days of such non-effectiveness or of such decision. Such notices should be 

filed in docket DOT -OST -2014-0177. 

(c) Air Canada and Avianca must notify the Department no later than 30 days before they begin 

any new code-share service under the code-share services authorized here. Such notice shall 

identify the market(s) to be served, which carrier will be operating the aircraft in the added codeshare market, and the date on which the service will begin. Such notice should be filed in 

Docket DOT-OST-2014-0177.5 

(d) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with 

any amendments to the Department's regulations concerning code-share arrangements that may be 

adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is 

expressly conditioned upon the requirements that the subject foreign air transportation be sold in the 

name of the carrier holding out such service in the computer reservation systems and elsewhere; that the 

carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the 

entirety of the code-share j ourney for all obligations established in its contract of carriage with the 

passenger; and that the passenger liability of the operating carrier be unaffected. 

(e) The authority granted here is specifically conditioned so that neither Air Canada nor Avianca shall 

give any force or effect to any contractual provisions between themselves that are contrary to these 

conditions. 

(f) We may amend, modify, or revoke the authority granted at any time without hearing at our 

discretion. 

4 These conditions also apply to Jazz, Sky Regional, and Air Georgian. 

5 In its application, Air Canada provides notice of initial Miami-Toronto/Montreal and Los Angeles-Vancouver/Calgary code-share 

markets and of its intent to engage in code-share services to open skies points as outlined in its application. Air Canada also states that 

it will provide the Department with 30-day notice before commencing code-share services to non-open skies points.