Order No. 1988-A-1187

December 19, 1988

File No. 2-C3-55A

WHEREAS the Agreement between the Government of Canada and the Government of Australia relating to air services was signed on July 5, 1988 (hereinafter the Agreement);

WHEREAS Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadian remains the designated Canadian air carrier on the routes set out in the Agreement and continues to satisfy the requirements for licence issuance, and, therefore the Agency deems it in the public interest to exempt the said carrier pursuant to subsection 70(1) of the National Transportation Act, 1987, S.C. 1987, c. 34, from the requirement in section 88 to make application for a licence authority reflecting the rights granted in the Agreement;

WHEREAS the Agency has considered the matter and is of the opinion that a licence to operate a scheduled international service serving the routes set out in the Agreement should be issued to Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadian;

WHEREAS the Agency deems it appropriate in the public interest to include the terms and conditions set out below in the licence to be issued, as they reflect terms of the Agreement.

IT IS ORDERED THAT:

The National Transportation Agency, in accordance with the provisions of section 88 and subsection 91(1) of the National Transportation Act, 1987, (hereinafter the Act), will issue to Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadian a scheduled international licence to operate the routes set out in the Agreement.

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 operate the routes set out in the Agreement.
2. The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and Australia.
3. 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 therein authorized.

This Order takes effect as of September 9, 1988, the date on which it was communicated by telex.