Decision No. 712-A-1997

December 30, 1997

File No. M4815-2-1/M22

Docket No. 971470

In accordance with Canadian Government policy announced on August 6, 1982, the Minister of Transport directed the Air Transport Committee of the Canadian Transport Commission (hereinafter the Committee) to consider applications from air carriers for authorization to carry international cargo shipments to and from Mirabel International 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 Mirabel International Airport; and 2) have sufficient insurance to satisfy the minimum requirements of the Air Carrier Regulations, C.R.C., 1978, c. 3. The Minister of Transport further directed the Committee to consider applications for authorizations to combine transshipped cargo with Canadian cargo on the same services where a carrier is licensed to carry cargo of Canadian origin or destination pursuant to a bilateral air services agreement.

Pursuant to the Minister of Transport's direction, Martinair Holland N.V. (hereinafter Martinair) was originally granted the authorization set out above on December 30, 1992, and renewals of the authorization were granted each year thereafter. Martinair's existing authorization expires on December 31, 1997. Accordingly, Martinair has now applied to the Canadian Transportation Agency (hereinafter the Agency) for renewal of the authorization.

Pursuant to subsection 7(1) of the Canada Transportation Act, S.C. 1996, c. 10 (hereinafter the CTA), the National Transportation Agency (hereinafter 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.

Under Licence No. 975115, Martinair is authorized to operate a scheduled international service on the route(s) set out in the Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands on Air Transport, signed on June 2, 1989 (hereinafter the Agreement).

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. In addition, the Agency notes that Martinair is licensed to carry cargo of Canadian origin or destination under Licence No. 975115. 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 Mirabel International Airport coming from and destined to points outside the territory of Canada; and to combine Canadian and transshipped cargo on the same aircraft to/from Mirabel International Airport until December 31, 1998. 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 Mirabel International Airport in accordance with the Agency's reporting requirements.
2. With respect to the combination of Canadian and transshipped cargo on the same aircraft, the flights are to be operated in accordance with the route(s) set out in the Agreement as reflected in Martinair's scheduled international Licence No. 975115.
3. With respect to the combination of Canadian and transshipped cargo on the same aircraft, the capacity made available for Canadian origin or destination cargo shall not exceed the total entitlements provided for in the Agreement.

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

Martinair is 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.

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, 1998 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.