Decision No. 700-A-2002

December 30, 2002

December 30, 2002

APPLICATION by African International Airways (PTY) Limited for authorizations to carry international bonded cargo shipments to/from Mirabel International, Hamilton, Windsor and Gander Airports coming from and destined to points outside the territory of Canada until December 31, 2003.

File Nos. M4815-2-1/A384
M4815-3-1/A384
M4815-6-1/A384
M4815-7-1/A384Docket Nos. 021346
021347
021348
021349


African International Airways (PTY) Limited (hereinafter African) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authorizations set out in the title. The application was received on November 5, 2002.

In accordance with Canadian Government policy announced on August 6, 1982, the Minister of Transport directed the Air Transport Committee (hereinafter the Committee) of the Canadian Transport Commission (hereinafter the CTC) to consider applications from air carriers for authorizations to carry international cargo shipments to and from Mirabel International Airport coming from and destined to points outside the territory of Canada. The Minister of Transport further directed the Committee to make any authorization subject to the carriers' obligation to: 1) report traffic carried to and from Mirabel International Airport; and 2) have sufficient insurance to satisfy the minimum requirements of the Air Carrier Regulations, C.R.C., 1978, c. 3 (hereinafter the ACR). The in transit cargo would be held in bond pending its onward transportation to its destination.

In accordance with Canadian Government policy announced on November 2, 1987, the Minister of Transport directed the Committee of the CTC to consider applications from air carriers for authorizations to carry international cargo shipments to and from Hamilton Airport coming from and destined to points outside the territory of Canada. The Minister of Transport further directed the Committee to make any authorization subject to the carriers' obligation to: 1) report traffic carried to and from Hamilton Airport; and 2) have sufficient insurance to satisfy the minimum requirements of the ACR. The in transit cargo would be held in bond pending its onward transportation to its destination.

By order of the Governor in Council dated February 11, 1993, the Minister of Transport issued a direction to the National Transportation Agency (hereinafter the NTA) to consider applications from air carriers for authorizations to carry international cargo shipments to and from Windsor Airport coming from and destined to points outside the territory of Canada. These authorizations would carry an obligation to report traffic carried to and from Windsor in accordance with directions to be advised upon authorization and an obligation to carry insurance to the minimum requirements of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR). The in transit cargo would be held in bond pending its onward transportation to its destination.

In addition, on July 17, 2000, the Minister of Transport directed the Agency, pursuant to paragraph 76(1)(e) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to consider applications from Canadian and foreign air carriers for authorizations to carry international cargo shipments to and from Gander Airport coming from and destined to points outside the territory of Canada. These authorizations would carry an obligation to report traffic carried to and from Gander in accordance with directions to be advised upon authorization and an obligation to carry insurance to the minimum requirements of the ATR. The in transit cargo would be held in bond pending its onward transportation to its destination.

Pursuant to subsection 7(1) of the CTA, the NTA is continued as the Agency. In addition, pursuant to subsection 272(2) of the National Transportation Act, 1987, R.S.C., c. 28 (3rd Supp.) (hereinafter the NTA, 1987) and section 187 of the CTA, as applicable, any power, duty or function vested in or exercisable by the CTC and subsequently the NTA under a direction from the Minister of Transport is a power, duty or function vested in or exercisable by the Agency.

By Decision No. 678-A-2001 dated December 28, 2001, the Agency authorized African to carry international bonded cargo shipments to/from Mirabel International, Hamilton, Windsor and Gander Airports coming from and destined to points outside the territory of Canada until December 31, 2002.

The Agency notes that African has submitted the required statistics in respect of flights operated pursuant to Decision No. 678-A-2001 dated December 28, 2001.

The Agency has considered the application and is satisfied that African holds a valid Canadian aviation document and has prescribed liability insurance coverage in respect of the service to be provided.

Accordingly, pursuant to the direction of the Minister of Transport, subsection 272(2) of the NTA, 1987 and section 187 of the CTA, the Agency hereby authorizes African to carry international bonded cargo shipments to and from Mirabel International, Hamilton, Windsor and Gander Airports coming from and destined to points outside the territory of Canada until December 31, 2003. These authorizations are subject to the following term and condition:

African shall report to the Agency all traffic carried to and from Mirabel International, Hamilton, Windsor and Gander Airports in accordance with the Agency's reporting requirements. If no flights are operated, a nil report is to be submitted.

African must comply with the applicable requirements of all legislative acts or regulations, including those of Transport Canada. The in transit cargo would be held in bond pending its onward transportation to its destination.

African is reminded to contact Transport Canada or the local airport authority regarding permission either to operate at specific times or to use any airport facility and for compliance with the security requirements of Transport Canada. Regarding the availability of clearance services, African is reminded to contact the Canada Customs and Revenue Agency.

These authorizations are subject to the continuing requirements that African hold a valid Canadian aviation document issued by the Minister of Transport and have sufficient liability insurance coverage in respect of the service to be provided to satisfy the minimum requirements of the ATR.

A copy of this Decision shall be kept on board the aircraft and made available for inspection by the Canada Customs and Revenue Agency for each flight operated.

Any application for an extension of these authorizations should be filed with the Agency in writing by November 15, 2003 and should include a copy of African's valid certificate of insurance and evidence that it continues to hold a valid Canadian aviation document, if not already on file, and any information pertaining to changes in African's corporate structure.

Date modified: