Decision No. 615-A-1996

December 31, 1996

File Nos. M4815-3-1/M22
M4815-6-1/M22

Docket Nos. 962616
962611

In accordance with Canadian Government policy announced on November 2, 1987, the Minister of Transport directed the Air Transport Committee of the Canadian Transport Commission (hereinafter the Committee) to consider applications from Canadian and foreign air carriers for authorization to carry international cargo shipments to and from Hamilton Airport coming from and destined to points outside the territory of Canada. The Minister of Transport further directed the Committee to make any authorization subject to the carriers' obligation to: 1) report traffic carried to and from Hamilton Airport; and 2) have sufficient insurance to satisfy the minimum requirements of the Air Carrier Regulations, C.R.C., 1978, c. 3.

In addition, by order of the Governor in Council dated February 11, 1993, the Minister of Transport issued a direction to the National Transportation Agency (hereinafter the NTA) to consider applications from Canadian and foreign air carriers for authorization to carry international cargo shipments to and from Hamilton and Windsor Airports coming from and destined to points outside the territory of Canada.

By letter dated December 21, 1995, the NTA renewed the Martinair Holland N.V. (hereinafter Martinair) authorization to carry international bonded cargo shipments to/from Hamilton and Windsor Airports coming from and destined to points outside the territory of Canada until December 31, 1996. Martinair has now applied for renewal of the authority.

On July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), came into effect. Pursuant to subsection 7(1) of the CTA, the NTA is continued as the Agency. In addition, section 187 of the CTA states that any power, duty or function vested in or exercisable by the NTA under a direction from the Minister of Transport is a power, duty or function vested in or exercisable by the Agency.

The Agency has considered the application and is satisfied that Martinair holds a valid Canadian aviation document and has prescribed liability insurance coverage in respect of the service to be provided. Accordingly, pursuant to the direction of the Minister of Transport and section 187 of the CTA, the Agency hereby renews Martinair's authorization to carry international bonded cargo shipments to and from Hamilton and Windsor Airports coming from and destined to points outside the territory of Canada until December 31, 1997. This authorization is subject to the following terms and conditions:

1. Martinair shall report to the Aviation Statistics Centre all traffic carried to and from Hamilton and Windsor Airports in accordance with the Agency's reporting requirements;
2. Martinair, in addition to the above-mentioned statistics, shall report to the Agency within thirty days of the end of each month the following details for each flight operated:
   • origin, destination, flight date(s), type of cargo, and type of aircraft;

Martinair must comply with the applicable requirements of all legislative acts or regulations, including those of Transport Canada.

Martinair is also reminded to contact Transport Canada or the local airport authority regarding permission either to operate at specific times or to use any airport facility. Regarding the availability of clearance services, Martinair is reminded to contact Revenue Canada (formerly Canada Customs).

This authorization is subject to the continuing requirements that Martinair hold a valid Canadian aviation document issued by the Minister of Transport and have sufficient liability insurance coverage in respect of the service to be provided to satisfy the minimum requirements of the Air Transportation Regulations, SOR/88-58, as amended.

A copy of this authorization shall be kept on board the aircraft and made available for inspection by Revenue Canada for each flight operated.

Any application for an extension of this authorization should be filed with the Agency in writing by November 15, 1997 and should include a copy of Martinair's valid certificate of insurance and evidence that it continues to hold a valid Canadian aviation document, if not already on file, and any information pertaining to changes in Martinair's corporate structure and/or equipment.