Order No. 1995-A-26
February 6, 1995
IN THE MATTER OF an application by Jetall Airways Inc. for an exemption from paragraph 20(a) of the Air Transportation Regulations, SOR/88-58 in order to charter its Group E (Convair 580) aircraft to Burlington Air Express Inc. for the carriage of transborder courier traffic as defined by paragraphs 16(a) and 16(b) of the Air Transportation Regulations, from the Canadian points Calgary, Alberta and Vancouver, British Columbia to the U.S. point Seattle, Washington.
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 (Group B suspended);
AND WHEREAS notice of the application was published on October 28 and November 16, 1994 in the newspapers of the Calgary and Vancouver 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;
AND WHEREAS on October 21, 1994, the Agency granted the applicant an exemption from paragraph 20(a) of the Air Transportation Regulations on an interim ex parte basis until, such time as the Agency has made a determination on the application;
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 has considered the application and the decision of the Minister of Transport dated December 29, 1994 which deleted the condition of Licence No. 880834 of Federal Express Corporation that limited the Licensee to the transportation of courier packages that individually weigh no more than 50 kg (110 pounds);
AND WHEREAS based on the foregoing, and in order to ensure that air carriers operating charter flights for door-to-door delivery services are not placed at an undue disadvantage as a result of the decision of the Minister of Transport in respect of Federal Express Corporation, the Agency is of the opinion that no weight limitation should apply to the service proposed by the applicant;
AND WHEREAS the Agency notes the particular and unique requirements necessary to satisfy a single customer such as Burlington Air Express Inc. (hereinafter Burlington) and 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 (Convair 580) aircraft to Burlington is unnecessary, undesirable and impractical and that compliance with paragraph 16(a) of the Air Transportation Regulations, when chartering at any one time its Group E aircraft to one courier service that obtains payment for traffic carried at a toll per unit, would place the applicant at an undue disadvantage.
NOW THEREFORE, IT IS ORDERED THAT:
Jetall Airways Inc. 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 Burlington for the carriage of transborder courier traffic as defined by paragraph 16(b) of the Air Transportation Regulations, without the requirement to abide by the individual package weight limitation specified in paragraph 16(a) of the Air Transportation Regulations, from the Canadian points Calgary, Alberta and Vancouver, British Columbia to the U.S. point Seattle, Washington until October 21, 1995 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. Nonscheduled 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.
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