Decision No. 308-A-1993

May 28, 1993

May 28, 1993

APPLICATION by Comair, Inc. for authority to also use fixed wing aircraft in Group E under Licence No. 880735.

File No. M4895/C106-2-3

Docket No. 921094


Comair, Inc. (hereinafter the applicant) has applied for authority to operate the service set out in the title.

Under Licence No. 880735, the applicant is authorized to operate a scheduled international service serving the points Cincinnati, Ohio, United States of America and Toronto, Ontario, Canada; and Columbus, Ohio, United States of America and Toronto, Ontario, Canada, pursuant to the provisions of the Regional, Local and Commuter Services Agreement contained in Diplomatic Notes ETT-1483 and 300 exchanged between the Government of Canada and the Government of the United States of America on August 21, 1984 (hereinafter the Agreement). Condition No. 4 of the licence reads as follows:

The Licensee is authorized to use fixed wing aircraft in Groups C and D.

Pursuant to paragraph 86(1)(b) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), by letter dated September 8, 1992, the Minister of Transport directed that Licence No. 880375 should be amended to reflect the capacity limitations established in paragraph 5(a) of the Agreement which restricts licensees to the use of fixed wing aircraft type-certificated as capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds. Moreover, the Minister of Transport directed that any references to aircraft groups should be deleted from the existing licence.

Accordingly, the Agency finds it in the public interest to amend Condition No. 4 of Licence No. 880735 to reflect the terms of the Agreement and the direction of the Minister of Transport.

Pursuant to subsection 91(1) of the NTA, 1987, Condition No. 4 of Licence No. 880735 is hereby amended to read:

While operating the scheduled international service authorized herein, the Licensee is restricted in its operations to the use of fixed wing aircraft type-certificated as capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

As the applicant meets the licence issuance requirements set out in section 88 of the NTA, 1987, a new document of licence bearing Licence No. 880735 will be issued.

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