Decision No. 21-A-1989

January 16, 1989

File No. M4895-B99-5

Docket No. 88713

On February 12, 1988, the National Transportation Agency notified all non-Canadian air carriers previously holding status on the Air Transport Committee's Eligible List that Eligible List status was not recognized under the National Transportation Act, 1987, S.C. 1987, c. 34, and accordingly as of January 1, 1988, those air carriers on the Eligible List ceased to have the necessary authority to conduct non-scheduled international services to and from Canada.

The said notice further informed those non-Canadian carriers formerly on the Eligible List that a carrier could obtain a non-scheduled international service licence (Class 9-4R) from the National Transportation Agency by submitting a document issued by the Government of the carrier's state and/ or an agent thereof equivalent to the authority requested, a Canadian aviation document (Operating Certificate) and evidence of the prescribed liability insurance coverage or evidence of such insurability.

Balair Ltd., a non-Canadian air carrier formerly on the Eligible List, has now applied to the Agency pursuant to subsection 94(1) of the National Transportation Act, 1987, for a licence to operate a non-scheduled international service for the transportation of passengers and goods into and out of Canada using fixed wing aircraft in Groups G and H.

The Agency has reviewed the application and the material in support thereof.

After consideration of the evidence before it, the Agency, noting that the above-noted carrier was previously on the Eligible List, has determined that it is in the public interest to issue to the applicant a non-scheduled international licence.

The Agency, being satisfied that the requirements of section 94 of the National Transportation Act, 1987 have been complied with, will issue to Balair Ltd. a licence to operate a Class 9-4R Restricted Charter non-scheduled international service.

As the applicant has demonstrated that it holds a Canadian Operating Certificate from Transport Canada valid for the operation of aircraft in Groups G and H only, the Agency deems it in the public interest to authorize the Licensee to use aircraft in Groups G and H. Moreover, as the applicant has established that it has satisfied the insurance requirements pursuant to paragraph 94(1)(c) of the National Transportation Act, 1987 for the carriage of passengers and goods, the Agency deems it in the public interest to authorize the Licensee to carry this type of traffic.

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 conditions:

The Licensee is authorized to use fixed wing aircraft in Groups G and H.

The Licensee is authorized to transport:

1. passengers on Common Purpose Charters from a point in Canada to a point in a foreign country;
2. passengers and goods on Entity Charters from a point or points in Canada to a point or points in foreign countries; and
3. passengers and goods separately or in combination on charter flights originating in a foreign country operated in accordance with the rules and regulations of the country of origin.