Order No. 1990-A-7
January 9, 1990
IN THE MATTER OF an application by Ryan International Airlines, Inc. for exemption from paragraph 20(a) of the Air Transportation Regulations, SOR 88-58.
File No. M4895-P107-4-2
WHEREAS under Licence No. 880094, Ryan International Airlines, Inc. (hereinafter 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 U.S.A. using aircraft in Groups E, F, G and H;
AND WHEREAS the applicant has applied for an exemption from paragraph 20(a) of the Air Transportation Regulations, which if allowed would permit the applicant to charter its Group G aircraft to Emery Worldwide (hereinafter Emery) for the carriage of transborder courier traffic as defined by paragraphs 16(a) to 16(d) of the Air Transportation Regulations between the Canadian point Toronto, Ontario and the U.S. point Dayton, Ohio;
AND WHEREAS the Agency has taken note of the application and of the particular and unique requirements necessary to satisfy a single customer such as Emery who requires the use of an entire aircraft; as well as that such requirements are not 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;
AND WHEREAS in these special circumstances, 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 G aircraft to Emery is unnecessary, undesirable and impractical for the time required by the Agency to hear and determine Ryan International Airlines, Inc.'s application pursuant to the full application process;
AND WHEREAS the Agency has considered the applicant's submission that the intended service, if the exemption from paragraph 20(a) is granted, is to commence immediately and thus there is insufficient time to give notice of and to hear the application and is therefore of the opinion that due to these special circumstances, it should be authorized on anex parte basis, pursuant to subsection 40(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), to carry transborder courier traffic between the Canadian point Toronto, Ontario and the U.S. point Dayton, Ohio.
NOW THEREFORE, IT IS ORDERED THAT:
- Ryan International Airlines, Inc. is hereby exempted pursuant to paragraph 70(1)(c) of the National Transportation Act, 1987, from the requirement of paragraph 20(a) of the Air Transportation Regulations, for the chartering of its Group G 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 point Toronto, Ontario and the U.S. point Dayton, Ohio on an interim ex parte basis pursuant to subsection 40(3) of the National Transportation Act, 1987 until such time as the Agency has heard and determined the subject matter.
- Ryan International Airlines, Inc. is hereby 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.
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