Order No. 1994-A-21

January 17, 1994

File No. M4895/J116-4-1

WHEREAS Jetall Airways Inc. (hereinafter the applicant) has applied to the National Transportation Agency for the exemption set out in the title;

AND WHEREAS under Licence No. 930230, the applicant is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups B, C, E and F;

AND WHEREAS the applicant has applied for exemption from paragraph 20(a) of the Air Transportation Regulations, which, if allowed, would permit it to charter its Group E aircraft to Burlington Air Express Inc. (hereinafter Burlington) for the carriage of transborder courier traffic, as defined by paragraphs 16(a) and 16(b) of the Air Transportation Regulations, between the Canadian point Toronto, Ontario and the U.S. point Toledo, Ohio and to operate as backup to the Group F aircraft service authorized on an interim ex parte basis on August 24, 1993 between Montréal, Quebec, Canada and Toledo, Ohio, U.S.A.;

AND WHEREAS on October 8, 1993, the Agency granted the applicant an exemption from paragraph 20(a) of the Air Transportation Regulations for both services noted in the title on an interim ex parte basis until such time as the Agency has made a determination on the application;

AND WHEREAS notice of the application was published on November 16, 1993 in the newspapers of the Toronto and Montreal areas. In addition, selected air carriers and others who may have an interest in the proceedings were notified of the application. No interventions opposing the granting of the application were filed with the Agency;

AND WHEREAS the Agency has considered the application and the material in support thereof and notes that the application was unopposed;

AND WHEREAS the Agency notes the particular and unique requirements necessary to satisfy a single customer such as Burlington 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. 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 Burlington is unnecessary, undesirable and impractical.

NOW THEREFORE, IT IS ORDERED THAT:

Jetall Airways Inc. is hereby exempted, 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 Burlington for the carriage of transborder courier traffic, as defined by paragraphs 16(a) and 16(b) of the Air Transportation Regulations, between the Canadian point Toronto, Ontario and the U.S. point Toledo, Ohio and to operate as backup to the Group F service authorized on an interim ex parte basis on August 24, 1993 between Montréal, Quebec, Canada and Toledo, Ohio, U.S.A. for a period of one year effective October 15, 1993, subject to the following condition:

Jetall Airways Inc. 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, 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 the Air Transportation Regulations for a longer period of time, an application must be filed with the Agency at least 90 days prior to the termination of this exemption.