Decision No. 121-A-1996

February 29, 1996

APPLICATION by America West Airlines, Inc. for a licence to operate a scheduled international service between the points Las Vegas, Nevada, U.S.A. and Vancouver, British Columbia, Canada.

File No. M4895/A683-6-2

Docket No. 952174

America West Airlines, Inc. (hereinafter the applicant) has applied to the National Transportation Agency for a licence to operate the service set out in the title.

The applicant has been designated by Diplomatic Note No. 389 dated November 9, 1995 by the Government of the United States of America, pursuant to the provisions of the Air Transport Agreement between the Government of Canada and the Government of the United States of America dated February 24, 1995 (hereinafter the Agreement), to operate scheduled services between Las Vegas and Vancouver.

The pertinent terms and conditions of the Agreement having been complied with, the Agency, in accordance with sections 69 and 88 and subsection 91(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the Act) will issue to America West Airlines, Inc. a licence to operate a scheduled international service.

The Agency deems it appropriate in the public interest to include the terms and conditions set out below in the licence to be issued to reflect, inter alia, terms of the Agreement and the Diplomatic Note of designation.

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

1. The Licensee is authorized to serve the points Las Vegas, Nevada, U.S.A. and Vancouver, British Columbia, Canada.
2. While operating the scheduled international service authorized herein, the Licensee is authorized to provide passenger/combination services.
3. 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.
4. During the "transition phase", the operation of the scheduled international service authorized herein shall be conducted pursuant to the provisions of Annex V, Section 2 of the Agreement.
5. Unless terminated at an earlier date in accordance with the Act or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights herein authorized.
6. The Licensee is entitled to operate the service authorized herein provided that, in respect of this service, the Licensee holds a Canadian aviation document issued by the Minister of Transport and has liability insurance coverage as set out in section 7 of the Air Transportation Regulations.

This Decision takes effect on January 19, 1996, the date on which it was communicated by fax.