Decision No. 425-A-1990
July 30, 1990
APPLICATION by Mid Pacific Air Corporation for a licence pursuant to section 88 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) to operate a scheduled international service to serve the points Wilmington, Ohio, U.S.A. and Toronto, Ontario, Canada.
File No. M4895-M136-2-1
Docket No. 90560
Mid Pacific Air Corporation (hereinafter the applicant) has applied for a licence to operate the service set out in the title.
Under cover of Diplomatic Note No. 246 dated July 5, 1990, the Government of the United States of America forwarded the above-noted application to the Government of Canada. The applicant has been endorsed by the United States Government for licensing pursuant to the automatic approval provisions of Diplomatic Notes ETT-1483 and 300 on Regional, Local and Commuter Services, exchanged between the Government of Canada and the Government of the United States of America on August 21, 1984.
The pertinent terms and conditions 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) having been complied with, the Agency, in accordance with the provisions of sections 69, 88 and 89 of the National Transportation Act, 1987 (hereinafter the Act), will issue to Mid Pacific Air Corporation a licence to operate a scheduled international service. The Agency deems it appropriate in the public interest to include in the licence to be issued the terms and conditions set out below as they reflect the terms of the Agreement and Diplomatic Note No. 246 dated July 5, 1990. Moreover, in accordance with the applicant's indicated intentions and as the applicant has demonstrated that it holds a Canadian Operating Certificate valid for the carriage of goods only and has satisfied the insurance requirements pursuant to paragraph 88(c) of the National Transportation Act, 1987 for the carriage of goods only, the Agency deems it in the public interest to authorize the Licensee to carry this type of traffic.
The licence to be issued pursuant to this Decision shall, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, be subject to the following terms and conditions:
- The Licensee is authorized to serve the points Wilmington, Ohio, U.S.A. and Toronto, Ontario, Canada, for the transportation of goods only.
- The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any arrangements related thereto as may be agreed to between Canada and the United States of America.
- Unless terminated at an earlier date in accordance with the Act or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights herein authorized.
- While operating the international service authorized herein, the Licensee is restricted in its operations to the use of fixed wing aircraft type-certificated as having a maximum payload capacity of no more than 18,000 pounds.