Decision No. 736-A-1994
November 14, 1994
APPLICATION by King Aircharters, Inc. of Prides Crossing, Massachusetts, U.S.A. for a licence to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America.
File No. M4895/K88-4-1
Docket No. 941554
King Aircharters, Inc. (hereinafter the applicant) has applied to the National Transportation Agency, pursuant to the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), and in accordance with the Nonscheduled Air Service Agreement between the Government of Canada and the Government of the United States of America signed May 8, 1974 (hereinafter the Agreement), for the licence set out in the title.
The applicant has been designated by Diplomatic Note No. 360 dated September 16, 1994 by the Government of the United States of America, pursuant to the above Agreement.
The Agency has considered the application and, as the pertinent terms and conditions of the Agreement have been complied with, the Agency has determined that it is in the public interest to issue to the applicant a non-scheduled international licence.
As the Agency is satisfied that the applicant has met the requirements set out in subsection 94(1) of the NTA, 1987, the Agency will issue to the applicant a licence to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America.
In addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, the Agency deems it appropriate in the public interest, in order to reflect the terms specified in the said Agreement, to include the conditions set out below in the licence to be issued.
- The licence shall be subject to all applicable provisions of any international agreement or convention relating to civil aviation to which both Canada and the United States are parties, now in effect or that may become effective during the period the licence remains in effect.
- Unless suspended or cancelled, this licence shall remain in effect so long as:
- The Nonscheduled Air Service Agreement between the Government of Canada and the Government of the United States of America signed at Ottawa, Canada on May 8, 1974, remains in force;
- The international services authorized herein continue to be prescribed services which may be operated by a carrier or carriers designated by the Government of the United States of America pursuant to the aforesaid Nonscheduled Air Service Agreement; and
- The Licensee continues as a carrier designated by the Government of the United States of America for the operation of any of the aforesaid international services.
- The Licensee is authorized to use aircraft of 35,000 pounds or less maximum certificated take-off weight.
- The Licensee is authorized, for traffic enplaned in the territory of the United States of America, to transport traffic on a time, mileage or trip basis, providing the entire plane load capacity of the aircraft has been engaged by a person for his own use or by a person for the transportation of a group of persons and/or their property, as agent or representative of such group.
- In the provision of international services authorized under this licence, the Licensee is restricted to traffic originating in the United States.
- The Licensee shall, when using aircraft exceeding 18,000 pounds but not exceeding 35,000 pounds maximum certificated take-off weight, in respect of enplanement of traffic originating at any point in the territory of the United States of America, transmit to the National Transportation Agency a notification at least 48 hours in advance of the flight, which notification shall specify the type of charter, routing, date or dates of operation, aircraft type and number of seats or volume of space contracted for, except that in cases where contracting takes place less than 48 hours in advance of the flight, notification shall be made as soon as possible before the flight, if necessary by facsimile, telegram or telephone, with confirmation of telephone notification to be made in written form.
- No traffic may be taken on board at one point in Canada that is destined for another point in Canada. However, the Licensee may provide a stopover at any point in Canada for passengers carried on aircraft with a maximum certificated take-off weight in excess of 18,000 pounds but not in excess of 35,000 pounds which originated and has been enplaned in the territory of the United States of America (and subsequently will be returned to that territory) and which is moving under a contract providing for charter transportation on the same carrier to or from a point or points in the territory of the United States, if the same aircraft stays with the traffic throughout its journey.
- Notwithstanding Condition 7 herein, the Licensee must on each flight when transporting passengers coming into that part of Canada comprising the area of Northern Ontario west of a line drawn due north from Blind River, Ontario (46o 11' North Latitude, 82o 58' West Longitude) and extending to the border between Ontario and Manitoba, for the purpose of fishing or hunting, deplane passengers at either a resort, camp or outpost operated by a person duly licensed for such purpose by the Government of the Province of Ontario, or at the licensed base of a Canadian Charter air carrier, or at a Canadian Customs port of entry; and is required on each flight out of the said area of Northern Ontario to make a stop at a Canadian Customs port of entry or at the licensed base of a Canadian Charter air carrier where officers of the Ontario Ministry of Natural Resources may be available to make such inspection as they consider desirable.
- A copy of this licence must be carried on board every aircraft.
- Operations under this licence are subject to the carrier making satisfactory arrangements with the Canadian Customs and airport authorities for suitable arrival and departure times and facilities.