Decision No. 855-A-1993

December 13, 1993

December 13, 1993

APPLICATIONS by Business Express, Inc. doing business as Business Express for renewal of Licence Nos. 920028 and 920029.

File Nos. M4895/B87-2-14
M4895/B87-2-13

Docket Nos. 931471
931472


Under Licence No. 920028 dated December 18, 1992, Business Express, Inc. doing business as Business Express (hereinafter the applicant) is authorized to operate a scheduled international service serving the points Rochester, New York, U.S.A. and Montréal, Quebec, Canada.

Under Licence No. 920029 dated December 18, 1992, the applicant is authorized to operate a scheduled international service serving the points Syracuse, New York, U.S.A. and Ottawa, Ontario, Canada.

Condition No. 3 of the licences reads:

Unless terminated at an earlier date in accordance with the Act or the Agreement or as a result of the termination or expiration of the aforementioned Agreement, this licence shall expire on February 6, 1994. Any application for renewal shall be submitted to the National Transportation Agency no later than 90 days prior to the expiry of the licence.

By letters dated October 29, 1993 the applicant filed with the National Transportation Agency (hereinafter the Agency) applications for renewal of Licence Nos. 920028 and 920029.

In accordance with the procedures specified by the Minister of Transport in his letter of January 8, 1992, the Department of Transport, Air Policy and Programs Directorate, by letter dated November 17, 1993, advised the Agency of its determination that there has been no change in the circumstances warranting a review of the January 8, 1992 decision of the Minister of Transport and that the licences should be renewed for a period of one year provided that the licence issuance requirements are met.

Accordingly, the Agency finds it in the public interest to amend Condition No. 3 of Licence Nos. 920028 and 920029 by extending the validity of the licences to February 6, 1995.

Pursuant to subsection 91(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), Condition No. 3 of Licence Nos. 920028 and 920029 is hereby amended to read:

Unless terminated at an earlier date in accordance with the Act or the Agreement or as a result of the termination or expiration of the aforementioned Agreement, this licence shall expire on February 6, 1995. Any application for renewal shall be submitted to the National Transportation Agency no later than 90 days prior to the expiry of the licence.

As the applicant meets the licence issuance requirements set out in section 88 of the NTA, 1987, new documents of licence, bearing Licence Nos. 920028 and 920029, will be issued.

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