Order No. 1995-A-394

September 21, 1995

September 21, 1995

IN THE MATTER OF an application by Perimeter Airlines (Inland) Ltd. pursuant to section 70 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) to transport individual packages which exceed 110 pounds.

File No. M4895/P49-4-1


WHEREAS Perimeter Airlines (Inland) Ltd. (hereinafter the applicant) has applied to the National Transportation Agency for the authority set out in the title;

AND WHEREAS under Licence No. 882561, the applicant is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups C and D;

AND WHEREAS paragraph 16(a) of the Air Transportation Regulations, SOR/88-58 (hereinafter the ATR) stipulates that:

16. Notwithstanding section 20, the holder of a Class 9-4 licence authorizing the operation of services by means of aircraft in Group A, B, C or D may charter, at any one time, any aircraft in that Group to one courier service that obtains payment for traffic carried at a toll per unit if

  1. the chartered aircraft is used solely for the transportation of packages that individually weigh no more than 50 kg (110 lb);

AND WHEREAS the Agency has considered the application and the decision of the Minister of Transport dated December 29, 1994 which deleted the condition of Licence No. 880834 of Federal Express Corporation that limits the Licensee to the transportation of courier packages that individually weigh no more than 50 kg (110 pounds);

AND WHEREAS in order to ensure that air carriers operating charter flights for door-to-door delivery services are not placed at an undue disadvantage as a result of the decision of the Minister of Transport in respect of Federal Express Corporation, the Agency is of the opinion that no weight limitation should apply to the service proposed by the applicant.

NOW THEREFORE, IT IS ORDERED THAT:

Perimeter Airlines (Inland) Ltd. is hereby exempted from the requirement to abide by the weight limitation specified in paragraph 16(a) of the ATR when chartering at any one time its Groups C and D aircraft to one courier service that obtains payment for traffic carried at a toll per unit.

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