Order No. 1990-A-495

September 12, 1990

File No. M4895-J45-4

Docket No. 90477

Jetall Holdings Corporation (hereinafter the applicant) has applied to the National Transportation Agency for the exemption set out in the title.

Under Licence No. 880012, the applicant is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups B, C and E.

The applicant has applied for an exemption from paragraph 20(a) of the Air Transportation Regulations, which, if allowed, would permit it to charter its group E aircraft to Emery Air Freight Corporation carrying on business as Emery Worldwide (hereinafter Emery Worldwide) for the carriage of transborder courier traffic, as defined by paragraphs 16(a) to 16(d) of the Air Transportation Regulations, between the Canadian points Calgary and Edmonton, Alberta and the U.S. point Seattle, Washington.

By Order No. 1990-A-368 dated July 20, 1990, the applicant was granted an exemption, pursuant to paragraph 70(1)(c) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), from complying with the requirements set out in paragraph 20(a) of the Air Transportation Regulations, for the chartering of its Group E aircraft to Emery Worldwide for the carriage of transborder courier traffic, as defined by paragraphs 16(a) to 16(d) of the Air Transportation Regulations, between the Canadian points Calgary and Edmonton, Alberta and the U.S. point Seattle,

Washington, on an interim ex parte basis, pursuant to subsection 40(3) of the National Transportation Act, 1987, until such time as the Agency heard and determined the subject matter.

Notice of the application was published on June 29, 1990 in the newspapers of the Edmonton and Calgary areas and copies of the notice were sent to selected air carriers. No interventions opposing the granting of the application were filed with the Agency.

The Agency has considered the application and the material in support thereof and notes that the application was unopposed.

The Agency notes the particular and unique requirements necessary to satisfy a single customer such as Emery Worldwide as well as that such requirements may not be compatible with obligations under a scheduled international licence to serve the public in general and serve points in accordance with a service schedule at a toll per unit of traffic. Accordingly, the Agency is of the opinion that compliance by the applicant with the requirements of paragraph 20(a) of the Air Transportation Regulations for the chartering of its Group E aircraft to Emery Worldwide is unnecessary, undesirable and impractical.

NOW THEREFORE, IT IS ORDERED THAT:

Jetall Holdings Corporation is hereby exempted, pursuant to paragraph 70(1)(c) of the National Transportation Act, 1987, from complying with the requirements set out in paragraph 20(a) of the Air Transportation Regulations for the chartering of its Group E aircraft to Emery Worldwide for the carriage of transborder courier traffic, as defined by paragraphs 16(a) to 16(d) of the Air Transportation Regulations, between the Canadian points Calgary and Edmonton, Alberta and the U.S. point Seattle, Washington, for a period of one year from the date of this Order, subject to the following condition:

Jetall Holdings Corporation is required to file not less than two working days prior to the commencement of the flight or series of flights charter documentation for all Canadian originating departures, as set out in Division III of the Air Transportation Regulations, as applicable, with a charter permit to issue upon compliance with the said requirements and shall notify the Agency of all U.S. originating flights at least 48 hours prior to departure pursuant to the Canada U.S. Non-scheduled Air Service Agreement.

Should the applicant require an exemption from paragraph 20(a) of theAir Transportation Regulations for a longer period of time, an application must be filed with the Agency at least 60 days prior to the termination of this exemption.