Decision No. 805-A-2000

December 28, 2000

File No. M4835-29-1

Docket No.001281AG

BWIA West Indies Airways Ltd. (hereinafter BWIA) and Airborne Express have applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The applications were received on December 18, 2000 and December 22, 2000.

Under Licence No. 975060, BWIA is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Trinidad and Tobago on Air Services, initialled on July 20, 1988 (hereinafter the Agreement).

By Decision No. 719-A-2000 dated November 16, 2000, the Agency varied Condition Nos. 1 and 2 of Licence No. 975060 in order to allow BWIA to operate an all-cargo service on the route Port of Spain-Toronto-Miami-Barbados-Port of Spain with fifth freedom traffic rights between Miami and Toronto, from November 16, 2000 until May 31, 2001.

The Agency notes that BWIA and Airborne Express have not satisfied subsection 8.2(2) of the Air Transportation Regulations (hereinafter the ATR) which requires the filing of an application for an approval at least 45 days before the first planned flight. The Agency has considered the matter and is of the opinion that compliance by BWIA and Airborne Express with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act (hereinafter the CTA), hereby orders that BWIA and Airborne Express be exempt from the application of subsection 8.2(2) of the ATR.

With respect to the request for approval under section 60 of the CTA and section 8.2 of the ATR, the Agency has reviewed the application and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, hereby approves the use by BWIA of aircraft and flight crew provided by Airborne Express, and the provision by Airborne Express of such aircraft and flight crew to BWIA, to permit BWIA to operate its all-cargo scheduled international service between the Republic of Trinidad and Tobago and Canada, from the date of this Decision until May 31, 2001, subject to the following conditions:

1. BWIA shall continue to hold the required licence authority.
2. BWIA shall apply its published tariffs, on file with the Agency and in effect, to the carriage of its traffic. In particular, nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of shippers as stated in such tariffs.

The authority granted herein does not exempt BWIA and Airborne Express from the requirements of other legislative acts or regulations, including those of Transport Canada.