DECISION NO. 351-A-1992

June 5, 1992

APPLICATION by HCL Aviation, Inc. doing business as AV Atlantic of Fort Lauderdale, Florida, 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.

Docket No. 920654

HCL Aviation, Inc. doing business as AV Atlantic (hereinafter the applicant) has applied to the National Transportation Agency (hereinafter the 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, for the licence set out in the title.

The applicant has been designated by Diplomatic Note No. 111 dated April 30, 1992 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 Nonscheduled Air Service 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.

1. 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.

2. Unless suspended or cancelled, this licence shall remain in effect so long as:

   a) 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;

   b) 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

   c) 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.

3. The Licensee is authorized to use aircraft in excess of 35,000 pounds maximum certificated take-off weight.

4. The Licensee is authorized to operate:

   (a) for traffic enplaned in the territory of Canada, the following prescribed types of charters:

   (i) Single Entity Passenger;

   (ii) Single Entity Property;

   (iii) Common Purpose;

   (iv) Inclusive Tour; and

   (v) Advance Booking Charters; and

   (b) for traffic enplaned in the territory of the United States of America, the following prescribed types of charters:

   (i) Single Entity Passenger;

   (ii) Single Entity Property;

   (iii) Pro Rata Affinity;

   (iv) Mixed (Entity/Pro Rata);

   (v) Inclusive Tour;

   (vi) Study Group; and

   (vii) Overseas Military Personnel.

5. The Licensee shall:

   (a) in respect of enplanement of traffic originating at any point in the territory of Canada, obtain prior approval from the National Transportation Agency for each flight and await receipt of such approval prior to operation of any such flight. Copy of the approval of the National Transportation Agency shall be carried on board the aircraft or shall be in the hands of the carrier's representative at the point of enplanement and shall be presented to the Canadian Customs authorities at that point prior to loading of the aircraft for departure; and

   (b) 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.

6. 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 restricted to traffic in passengers, which originated and has been enplaned in the territory of the United States of America 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 of America, even if different aircraft are used before and after stopover.

7. A copy of this licence must be carried on board every aircraft.

8. 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.

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