Decision No. 198-A-1991

April 25, 1991

File No. M4895/H65-4-1

Docket No. 910309

Hill Aircraft and Leasing Corp. (hereinafter the applicant) has applied to the National Transportation Agency, pursuant to the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), and in accordance with the Nonscheduled Air Service Agreement between the Government of Canada and the Government of the United States of America signed May 8, 1974, to operate the service set out in the title.

Under Licence No. 881764, the applicant is authorized to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America.

Condition No. 5 of the said licence states:

In the provision of any commercial air service authorized under this licence, the Licensee is restricted to traffic originating in the United States.

The Agency has considered the application and, as the pertinent terms and conditions of the Nonscheduled Air Service Agreement have been complied with, the Agency has determined that it is in the public interest to authorize the applicant, in respect of traffic originating in Canada, to enplanement of such traffic in all Provinces.

Condition Nos. 4, 5 and 6 of Licence No. 881764 are hereby amended to read:

4. The Licensee is authorized,

(a) for traffic enplaned in the territory of Canada, to transport traffic on a time, mileage or trip basis, providing the entire plane load capacity of the aircraft has been engaged and that the charters be one of the following types:

(i) Single Entity Passenger;

(ii) Single Entity Property;

(iii) Common Purpose;

(iv) Inclusive Tour;

(v) Advance Booking Charter;

(b) for traffic enplaned in the territory of the United States of America, to transport traffic on a time, mileage or trip basis, providing the entire plane load capacity of the aircraft has been engaged by a person for his own use or by a person for the transportation of a group of persons and/or their property, as agent or representative of such group.

5. The Licensee is authorized, in respect of traffic originating in Canada, to enplanement of such traffic in all Provinces.

6. The Licensee shall, when using aircraft exceeding 18,000 pounds but not exceeding 35,000 pounds maximum certificated take-off weight,

(a) in respect of enplanement of traffic originating at any point in the territory of Canada, obtain prior approval from the National Transportation Agency for each flight and await receipt of such approval prior to operation of any such flight. Copy of the approval of the National Transportation Agency shall be carried on board the aircraft or shall be in the hands of the carrier's representative at the point of enplanement and shall be presented to the Canadian Customs authorities at that point prior to loading of the aircraft for departure;

(b) in respect of enplanement of traffic originating at any point in the territory of the United States of America, transmit to the National Transportation Agency a notification at least 48 hours in advance of the flight, which notification shall specify the type of charter, routing, date or dates of operation, aircraft type and number of seats or volume of space contracted for, except that in cases where contracting takes place less than 48 hours in advance of flight, notification shall be made as soon as possible before the flight, if necessary by facsimile, telegram or telephone, with confirmation of telephone notification to be made in written form.

A new document of licence, bearing Licence No. 881764, will be issued to Hill Aircraft and Leasing Corp.