Decision No. 101-A-1988
May 5, 1988
APPLICATION by Oakley Air Ltd. for authority to operate a Class 4 Charter domestic service from a base at Vancouver, British Columbia, using fixed wing aircraft in Group C.
DECISION: APPLICATION APPROVED.
File No. 2-O142-4
Docket No. 88005 WR
Oakley Air Ltd. (hereinafter the applicant) has applied to the National Transportation Agency for the authority set out in the title. The application was received on January 6, 1988.
Notice of the application was published on January 30 and February 12, 1988 in the newspapers of the area concerned and copies of the notice were sent to selected air carriers and to others believed to be interested. An intervention opposing the granting of the application was filed by Hyack Air Ltd. (hereinafter Hyack). The applicant replied to the intervention.
Pleadings closed on March 22, 1988. The pleadings form part of the public files and may be consulted in the Agency's offices by anyone who so desires. In addition, copies will be provided by the Secretary of the Agency on request.
The Agency has considered the application, the material in support thereof and the intervention referred to.
In its opposing intervention, Hyack submits that the applicant is already a shareholder of Harbour Air Ltd. and that its involvement in another charter service would unduly affect the market. The Agency notes that Hyack has provided no evidence that the proposed service would have a detrimental impact on its operations.
It is noted that none of the nine carriers authorized to operate a Class 4 Charter domestic service using aircraft in Group C from a base at Vancouver, British Columbia, opposed the granting of the application. Therefore, the Agency is of the view that the proposed service would not have a significant negative effect on the other carriers' charter air services.
Accordingly, the Agency is satisfied that the issuance of a licence for the proposed service would not lead to a significant decrease or instability in the level of domestic service provided between points or, to or from any point in the designated area. The application is hereby approved.
A licence to operate a Class 4 Charter domestic service from a base at Vancouver, British Columbia, will be issued to Oakley Air Ltd. upon the applicant establishing to the satisfaction of the Agency that it meets the requirements set out in paragraph 72(2)(a) of the National Transportation Act, 1987, S.C. 1987, c. 34.
To ensure that the level of charter domestic services is consistent with demand, the Agency finds that it is in the public interest to authorize the Licensee to use aircraft in Group C.
Moreover, to preserve the integrity of the Class 1 Scheduled domestic services and the Class 2 Regular Specific Point domestic services in the designated area, the Agency deems that it is in the public interest to make the licence subject to the terms and conditions respecting route protection as set out in the attachment.
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 condition respecting route protection contained in the attachment, which is hereby made a part of this Decision, and to the following condition:
The Licensee is authorized to use fixed wing aircraft in Group C.
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