Decision No. 654-A-1989

December 29, 1989

December 29, 1989

APPLICATION by Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadi*n1 for a licence to operate a scheduled international service on the Route Montreal/Toronto - San Juan.

DECISION: APPLICATION APPROVED.

File No. M4895-C14-1-28

Docket No. 89706


Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadi*n (hereinafter the applicant) has applied to the National Transportation Agency for a licence to operate the service set out in the title.

The applicant has been designated by the Government of Canada pursuant to the provisions of the Air Transport Agreement between the Government of Canada and the Government of the United States of America dated January 17, 1966, as amended by Exchange of Notes dated May 8, 1974 (hereinafter the Agreement) to operate the Route Montreal/Toronto - San Juan being Route B. 7 in Schedule II of the Agreement in lieu of Wardair Canada Inc. effective January 1, 1990.

Under Licence No. 880675, Wardair Canada Inc. is authorized to operate a scheduled international service on the said route.

1 * The Company's symbol appears between the "i" and "n" in the trade name.

In light of the above-noted change in designation, the Agency is of the opinion that Wardair Canada Inc. ceases to have the qualifications necessary for issuance of the said licence. Accordingly, the Agency considers it appropriate to cancel Licence No. 880675 effective January 1, 1990.

The pertinent terms and conditions of the Agreement having been complied with, the Agency, in accordance with the provisions of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), (hereinafter the Act), will issue to Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadi*n a licence to operate a scheduled international service.

The Agency deems it appropriate in the public interest to include the terms and conditions set out below in the licence to be issued, as they reflect terms of the Agreement.

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:

  1. The Licensee is authorized to operate the route Montreal/Toronto - San Juan, being Route B. 7 in Schedule II of the Agreement.
  2. 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.
  3. 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 route herein authorized from the routes which may be operated by airlines designated by the Government of Canada.
  4. Pursuant to Ministerial direction, this licence is hereby issued on a pro tem basis.

Wardair Canada Inc.'s Licence No. 880675 will be cancelled pursuant to paragraph 92(1)(a) of the National Transportation Act, 1987, effective January 1, 1990.

Date modified: