Decision No. 780-A-2000
December 14, 2000
APPLICATION by Martinair Holland N.V. for authorizations to carry international bonded cargo shipments to/from Mirabel International Airport and Hamilton, Windsor and Gander Airports coming from and destined to points outside the territory of Canada until December 31, 2001.
File Nos. M4815-3-1/M22
M4815-6-1/M22
M4815-7-1/M22
Docket Nos. 001114
001115
001116
Martinair Holland N.V. (hereinafter Martinair) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authorizations set out in the title. The application was received on November 10, 2000.
In accordance with Canadian Government policy announced on August 6, 1982, the Minister of Transport directed the Air Transport Committee (hereinafter the Committee) of the Canadian Transport Commission (hereinafter the CTC) 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. Such in transit cargo would be held in bond pending its onward transportation to its destination.
In accordance with Canadian Government policy announced on November 2, 1987, the Minister of Transport directed the Air Transport Committee (hereinafter the Committee) of the Canadian Transport Commission (hereinafter the CTC) to consider applications from 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. Such in transit cargo would be held in bond pending its onward transportation to its destination.
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 air carriers for authorization to carry international cargo shipments to and from Windsor Airport coming from and destined to points outside the territory of Canada. That authorization would carry an obligation to report traffic carried to and from Windsor in accordance with directions to be advised upon authorization and an obligation to carry insurance to the minimum requirements of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR). The in transit cargo would be held in bond pending its onward transportation to its destination.
By Decision No. 722-A-1999 dated December 23, 1999, the Agency authorized Martinair 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, 2000.
In addition, on July 17, 2000, the Minister of Transport directed the Agency, pursuant to paragraph 76(1)(e) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to consider applications from Canadian and foreign air carriers for authorizations to carry international cargo shipments to and from Gander Airport coming from and destined to points outside the territory of Canada.
Pursuant to subsection 7(1) of the CTA, the National Transportation Agency (hereinafter the NTA) is continued as the Agency. In addition, pursuant to subsection 272(2) of the National Transportation Act, 1987, R.S.C., c. 28 (3rd Supp.) (hereinafter the NTA, 1987) and section 187 of the CTA, as applicable, any power, duty or function vested in or exercisable by the CTC and subsequently 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, subsection 272(2) of the NTA, 1987 and section 187 of the CTA, the Agency hereby authorizes Martinair to carry international bonded cargo shipments to and from Mirabel International Airport, Hamilton, Windsor and Gander Airports coming from and destined to points outside the territory of Canada until December 31, 2001. These authorizations are subject to the following term and condition:
- Martinair shall report to the Aviation Statistics Centre all traffic carried to and from Mirabel International Airport, Hamilton, Windsor and Gander Airports in accordance with the Agency's reporting requirements.
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 the Canada Customs and Revenue Agency.
These authorizations are 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 ATR.
A copy of these authorizations shall be kept on board the aircraft and made available for inspection by the Canada Customs and Revenue Agency for each flight operated.
Any application for an extension of these authorizations should be filed with the Agency in writing by November 15, 2001 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.
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