Agency Rulings

Order No. 1996-A-286

July 26, 1996

IN THE MATTER OF an application by Air Canada pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) for review of the National Transportation Agency Decision communicated by letter dated June 17, 1996.

File No. M4110/A74-6

WHEREAS by letter dated May 15, 1996, Air Canada filed a complaint with the National Transportation Agency (hereinafter the NTA) against fares applicable to BWIA International Airways Ltd. for transportation between Toronto, Ontario, Canada and Georgetown, Guyana;

AND WHEREAS after review of the complaint and all material received and on file, the NTA determined that Air Canada failed to demonstrate that the fares were unjust or unreasonable or that they were contrary to the Air Transportation Regulations, SOR/88-58, as amended, and that they would not have a significant detrimental impact on Air Canada;

AND WHEREAS by letter dated June 17, 1996, the Agency denied the complaint made by Air Canada;

AND WHEREAS on June 21, 1996, Air Canada filed an application with the NTA for review of the NTA Decision;

AND WHEREAS although this material was filed with the NTA, it will now be dealt with by the Canadian Transportation Agency as provided for in section 195 of the Canada Transportation Act, S.C., 1996, c. 10. Section 195 of the Canada Transportation Act provides that proceedings relating to any matter before the NTA shall be continued by the Agency and that these proceedings are to be dealt with and determined in accordance with the provisions of the National Transportation Act, 1987, unless otherwise ordered by the Governor in Council. No such order of the Governor in Council affects this matter;

AND WHEREAS the Agency has reviewed the matter and has found, pursuant to section 41 of the National Transportation Act, 1987, that there has been no change in the facts or circumstances pertaining to the NTA Decision dated June 17, 1996.

NOW THEREFORE, IT IS ORDERED THAT:

The application by Air Canada pursuant to section 41 of the National Transportation Act, 1987 for review of the NTA Decision rendered by letter dated June 17, 1996 is hereby denied.