Decision No. 498-A-1988

December 22, 1988

File No. M4895-C111-2

Docket No. 88597

By letter dated January 18, 1988, Soundair Corporation carrying on business under the firm name and style of Air Toronto has applied to the Minister of Transport for the amalgamation set out in the title.

Under Licence No. A.T.C. 855/84(CF), Soundair Corporation carrying on business under the firm name and style of Commuter Express is authorized to operate a scheduled international service to transport persons, goods and mail using fixed wing aircraft in Groups C, D and E, between the points Toronto, Ontario, Canada and Dayton/Columbus, Ohio, U.S.A.; and under Licence No. A.T.C. 1136/87(CF), a scheduled international service to transport persons, goods and mail, separately or in combination, using fixed wing aircraft type-certificated as capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds, between Toronto, Ontario, Canada and Louisville, Kentucky, U.S.A. However, it should be noted that Soundair Corporation carrying on business under the firm name and style of Commuter Express has now changed its name to Soundair Corporation carrying on business under the firm name and style of Air Toronto.

By letter dated August 26, 1988, the Minister of Transport advised the National Transportation Agency of his decision, on behalf of the Canadian Government, to grant approval to Soundair Corporation carrying on business under the firm name and style of Air Toronto's application and requested that the Agency issue a licence to Soundair Corporation carrying on business under the firm name and style of Air Toronto to operate a scheduled international service to transport persons, goods and mail, separately or in combination, using fixed wing aircraft type-certificated as capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds, to serve the points Toronto, Ontario, Canada and the co-terminals Dayton/Columbus, Ohio and Louisville, Kentucky, U.S.A.

The Government of Canada having decided that this application should be approved and the pertinent terms and conditions of the Regional, Local and Commuter Services Agreement contained in Diplomatic Notes ETT-1483 and 300 exchanged between the Government of Canada and the Government of the United States of America on August 21, 1984 (hereinafter the Agreement) having been complied with, the Agency, in accordance with the provisions of paragraph 86(1)(b) and section 88 of the National Transportation Act, 1987, S.C. 1987, c. 34, (hereinafter the Act), will issue to Soundair Corporation carrying on business under the firm name and style of Air Toronto a licence to operate a scheduled international service. Moreover, the Agency deems it appropriate in the public interest to include in the licence to be issued the terms and conditions set out below, to reflect the terms of the Agreement.

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 terms and conditions:

1. The Licensee is authorized to serve the points Toronto, Ontario, Canada and the co-terminals Dayton/Columbus, Ohio, and Louisville, Kentucky, U.S.A.
2. The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any arrangements related thereto as may be agreed to between Canada and the United States of America.
3. Unless terminated at an earlier date in accordance with the Act or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights therein authorized.
4. While operating the international service authorized herein, the Licensee is restricted in its operations to the use of fixed wing aircraft type-certificated as capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.
5. The international service authorized herein, when operated with aircraft certificated for 31 or more passengers, shall not be operated in conjunction with other air services when the combination would constitute single-plane service between terminal points of a route named in the schedules of the 1966 Air Transport Agreement between the Government of Canada and the Government of the United States, as amended.