Decision No. 43-A-1988
May 6, 1988
APPLICATION by Marc Fruchter Aviation, Inc. of Wernersville, Pennsylvania, U.S.A., for authority to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America.
DECISION: APPLICATION APPROVED.
File No. 2-M621-1
Marc Fruchter Aviation, Inc. has applied to the National Transportation Agency for the authority set out in the title.
The applicant has been designated by the Government of the United States of America pursuant to Article III of the Nonscheduled Air Service Agreement between the Government of Canada and the Government of the United States of America signed at Ottawa, Canada, on May 8, 1974, as a carrier authorized to provide services prescribed in Annex B to the said Agreement.
The Agency has considered the application and has determined that it is in the public interest to issue to the applicant a non-scheduled international licence.
The pertinent terms and conditions of the Nonscheduled Air Service Agreement between the Government of Canada and the Government of the United States of America having been complied with, the Agency, in accordance with the provisions of Part II of the National Transportation Act 1987, S.C. 1987, c. 34, will issue to the applicant a licence to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America. A licence will be issued upon compliance by the applicant with the requirements of the Agency as applicable.
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 licence shall be subject to all applicable provisions of any international agreement or convention relating to civil aviation to which both Canada and the United States are parties, now in effect or that may become effective during the period the licence remains in effect.
- Unless suspended or cancelled, this licence shall remain in effect so long as:
- The Nonscheduled Air Service Agreement between the Government of Canada and the Government of the United States of America signed at Ottawa, Canada on May 8, 1974, remains in force;
- The international services authorized herein continue to be prescribed services which may be operated by a carrier or carriers designated by the Government of the United States of America pursuant to the aforesaid Nonscheduled Air Service Agreement; and
- The Licensee continues as a carrier designated by the Government of the United States of America for the operation of any of the aforesaid international services.
- The Licensee is authorized to use aircraft of 35,000 pounds or less maximum certificated take-off weight.
- The Licensee is authorized,
- for traffic enplaned in the territory of Canada, to transport traffic on a time, mileage or trip basis, providing the entire plane load capacity of the aircraft has been engaged and that the charters be one of the following types:
- Single Entity Passenger;
- Single Entity Property;
- Common Purpose;
- Inclusive Tour;
- Advance Booking Charter;
- for traffic enplaned in the territory of the United States of America, to transport traffic on a time, mileage or trip basis, providing the entire plane load capacity of the aircraft has been engaged by a person for his own use or by a person for the transportation of a group of persons and/or their property, as agent or representative of such group.
- for traffic enplaned in the territory of Canada, to transport traffic on a time, mileage or trip basis, providing the entire plane load capacity of the aircraft has been engaged and that the charters be one of the following types:
- The Licensee is authorized, in respect of traffic originating in Canada, to enplanement of such traffic in the Provinces of Ontario and Quebec.
- The Licensee shall, when using aircraft exceeding 18,000 pounds but not exceeding 35,000 pounds maximum certificated take-off weight,
- in respect of enplanement of traffic originating at any point in the territory of Canada, obtain prior approval from the National Transportation Agency for each flight and await receipt of such approval prior to operation of any such flight. Copy of the approval of the National Transportation Agency shall be carried on board the aircraft or shall be in the hands of the carrier's representative at the point of enplanement and shall be presented to the Canadian Customs authorities at that point prior to loading of the aircraft for departure;
- in respect of enplanement of traffic originating at any point in the territory of the United States of America, transmit to the National Transportation Agency a notification at least 48 hours in advance of the flight, which notification shall specify the type of charter, routing, date or dates of operation, aircraft type and number of seats or volume of space contracted for, except that in cases where contracting takes place less than 48 hours in advance of flight, notification shall be made as soon as possible before the flight, if necessary by telegram or telephone, with confirmation of telephone notification to be made in written form.
- No traffic may be taken on board at one point in Canada that is destined for another point in Canada. However, the Licensee may provide a stopover at any point in Canada for passengers, carried on aircraft with a maximum certificated take-off weight in excess of 18,000 pounds but not in excess of 35,000 pounds which originated and has been enplaned in the territory of the United States of America (and subsequently will be returned to that territory) and which is moving under a contract providing for charter transportation on the same carrier to or from a point or points in the territory of the United States, if the same aircraft stays with the traffic throughout its journey.
- Notwithstanding Condition 7 herein, the Licensee must on each flight when transporting passengers coming into that part of Canada comprising the area of Northern Ontario west of a line drawn due north from Blind River, Ontario (46 11' North Latitude, 82 58' West Longitude) and extending to the border between Ontario and Manitoba, for the purpose of fishing or hunting, deplane passengers at either a resort, camp or outpost operated by a person duly licensed for such purpose by the Government of the Province of Ontario, or at the licensed base of a Canadian Charter air carrier, or at a Canadian Customs port of entry; and is required on each flight out of the said area of Northern Ontario to make a stop at a Canadian Customs port of entry or at the licensed base of a Canadian Charter air carrier where officers of the Ontario Ministry of Natural Resources may be available to make such inspection as they consider desirable.
- A copy of this licence must be carried on board every aircraft.
- Operations under this licence are subject to the carrier making satisfactory arrangements with the Canadian Customs and airport authorities for suitable arrival and departure times and facilities.
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