Decision No. 105-A-1988

May 6, 1988

File No. 2-S941-1

Docket No. 88013

665865 Ontario Inc. proposing to change its name to Showalter's Fly-In Service (1987) Limited (hereinafter the applicant) has applied for the authority set out in the title. The application was received on January 8, 1988.

Notice of the application was published on January 27, 1988 in the newspaper of the area concerned and copies of the notice were sent to selected air carriers and to others believed to be interested. Six interventions opposing the granting of the application were filed by Goff's Pakwash Lake Camp, Mr. Alvin Heithoff, Mr. Richard Heithoff, Francesco and Lucy Cianci, Rowe's Snake Falls Camp and Silander's Pakwash Camp. The applicant replied to the interventions. In addition, five letters of support were submitted with the application.

Pleadings closed on March 11, 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 interventions referred to.

The Agency notes that all of the opposing interventions dealt with the issues of safety, noise and possible conflict between float-equipped aircraft and pleasure boating on the Trout River. Therefore, the Agency is of the view that all the matters raised by the interveners are beyond its purview and have no bearing on the application.

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 Trout Lake, Ontario, will be issued to 665865 Ontario Inc. proposing to change its name to Showalter's Fly-In Service (1987) Limited 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 Groups A, B and C.

To maintain a competitive balance between operators of charter services that intend to serve lodge and tourist outfitters only, and Charter operators that serve the entire marketplace and to reflect the seasonal nature of the charter transportation requirements, the Agency deems it to be in the public interest to condition this licence as set out below.

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 following conditions:

The Licensee is authorized to use fixed wing aircraft in Groups A, B and C.

The Licensee is restricted to serving the transportation requirements of the bona fide guests, employees and workers of Showalter's Fly-In Camps Ltd., including the transportation of luggage materials and supplies of those guests, employees or workers.

The Licensee is restricted in its operations to the period between May 15 and November 15 of each year.