Decision No. 651-A-1989

December 28, 1989

File No. M4895-B130-4

Docket No. 89557

Britannia Airways Limited (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 18, 1989.

Notice of the application was published on October 10, 11 and 13, 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 Britannia Airways Limited and, in accordance with the applicant's indicated intentions, to authorize the Licensee to transport traffic between points in Great Britain and points in 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 tourism to Canada, the Agency finds it in the public interest to condition the licence as set out below.

A licence to operate a Class 9-4 Charter non-scheduled international service will be issued to Britannia Airways Limited upon the applicant establishing 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.).

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 transport traffic between points in Great Britain and points in Canada.

The Licensee is authorized to use fixed wing aircraft in Group G.

During any operating year (the period from April 1st in any year to March 31st of the year immediately following), the Licensee may operate out of Canada six (6) charter flights carrying fourth freedom Canadian-originating charter passengers without bringing any third freedom charter passengers from its own country to Canada, but thereafter shall not transport out of Canada to its home country more than three (3) fourth freedom Canadian-originating charter flight passengers for every two (2) third freedom charter flight passengers originated in its home country which it transported to Canada. For the purpose of this condition such charter passengers must travel on a round-trip basis and the outward and return flights shall be considered as one passenger trip with the originating outbound flight of the passenger determining the status of fourth or third freedom.

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.