Decision No. 640-A-1989

December 19, 1989

File No. M4895-J100-4

Docket No. 89525

Jet Fret, Compagnie Française de Transport de Fret Aérien S.A., carrying on business as Jet Fret (hereinafter the applicant) has applied to the National Transportation Agency for a licence to operate the service set out in the title. The application was received on September 8, 1989.

Notice of the application was published on October 3, 4 and 6, 1989 in the newspapers of the areas concerned and copies of the notice were sent to selected air carriers and to others believed to be interested. No interventions opposing the granting of the application were filed with the Agency.

Following its consideration of the application, the Agency finds it in the public interest to issue a licence to operate a Class 9-4 Charter non-scheduled international service to Jet Fret, Compagnie Française de Transport de Fret Aérien S.A., carrying on business as Jet Fret and, in accordance with the applicant's indicated intentions, to authorize the Licensee to transport goods only between points in France and Canada using fixed wing aircraft in Group G.

Moreover, in accordance with current policy and to minimize any potential significant imbalance between Canadian carriers providing capacity for Canadian originating charter traffic and foreign carriers providing capacity for Canadian originating charter traffic while simultaneously encouraging and promoting the transportation of goods, the Agency finds it in the public interest to condition the licence as set out below.

As the applicant has established to the satisfaction of the Agency that it meets the requirements set out in subsection 94(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), a licence to operate a Class 9-4 Charter non-scheduled international service will be issued to it forthwith.

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:

1. The Licensee is authorized to transport goods only between points in France and points in Canada.
2. The Licensee is authorized to use fixed wing aircraft in Group G.
3. During any operating year (the period from April 1st in any year to March 31st of the year immediately following) the Licensee shall not transport out of Canada to its home country more than three fourth freedom Canadian-originating entity cargo charter flights for every two third freedom entity cargo charter flights originated in its home country. Charters applied for in excess of the Licensee's earned entitlement will be subject to Canadian carriers' rights of first refusal.