Decision No. 110-A-1992

February 28, 1992

File No. M4895/C298-2-1

Docket No. 911420

Britt Airways, Inc. doing business as Continental Express has applied for the authority set out in the title.

Under cover of Diplomatic Note No. 69 dated March 1, 1991, the Government of the United States of America endorsed and forwarded the above-noted application to the Government of Canada for its consideration pursuant to the provisions of the Regional, Local and Commuter Services Agreement contained in Diplomatic Notes ETT-1483 and 300 exchanged between the two Governments on August 21, 1984 (hereinafter the Agreement).

By letter dated December 9, 1991, the Minister of Transport advised the National Transportation Agency of his decision, on behalf of the Canadian Government, to grant discretionary approval to the proposal to serve Newark, New Jersey and Toronto (Toronto Island Airport), Ontario.

The Minister directed that the authority granted in the licence should be valid for a period of one year from the date of the licence and that it should be renewable for additional one year periods. Upon written application to the National Transportation Agency no later than 90 days prior to expiry of the licence, Britt Airways, Inc. doing business as Continental Express may seek renewal of its licence.

The Government of Canada having decided that this application should be approved and the pertinent terms and conditions of the Agreement having been complied with, the Agency, in accordance with the provisions of sections 69, 88 and 89 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the Act), will issue to Britt Airways, Inc. doing business as Continental Express a licence to operate a scheduled international service. Moreover, the Agency deems it appropriate in the public interest to include in the licence to be issued the terms and conditions set out below as they reflect the terms of the Agreement and direction of the Minister of Transport.

The licence to be issued pursuant to this Decision shall, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, be subject to the following terms and conditions:

1. The Licensee is authorized to serve the points Newark, New Jersey, U.S.A. and Toronto (Toronto Island Airport), Ontario, Canada.
2. The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any arrangements related thereto as may be agreed to between Canada and the United States of America.
3. Unless terminated at an earlier date in accordance with the Act or the Agreement or as a result of the termination or expiration of the aforementioned Agreement, this licence shall expire at the end of one year from the date of issue. Any application for renewal shall be submitted to the National Transportation Agency no later than 90 days prior to expiry of the licence.
4. While operating the scheduled international service authorized herein, the Licensee is restricted in its operations to the use of fixed wing aircraft type-certificated as capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.
5. The scheduled international service authorized herein, when operated with aircraft certificated for 31 or more passengers, shall not be operated in conjunction with other air services when the combination would constitute single-plane service between terminal points of a route named in the schedules of the 1966 Air Transport Agreement between the Government of Canada and the Government of the United States, as amended.