Decision No. 126-A-1988

June 30, 1988

File No. 2-S940-1

Docket No. 88001

This application was filed with the Air Transport Committee of the Canadian Transport Commission. However, the National Transportation Agency is now responsible for the disposition of all matters filed with the Commission.

Glenn H. Clark proposing to incorporate a company to be known as Sioux Air Ltd. (hereinafter the applicant) has applied for the authority set out in the title. The application was postmarked December 31, 1987.

The Class 4 Charter commercial air service is now deemed to be a Class 4 Charter domestic service under the National Transportation Act, 1987, S.C. 1987, c. 34.

Notice of the application was published on January 27 and February 5, 1988 in the newspapers of the areas concerned and copies of the notice were sent to selected air carriers and to others believed to be interested. No interventions opposing the granting of the application were filed. Two letters of support were submitted with the application. Pleadings closed on February 26, 1988.

The Agency has reviewed the application, the material in support thereof and notes that the application was unopposed.

After consideration of the evidence before it, the Agency is of the opinion that there is a requirement for the proposed service which is not being met, that the applicant has the ability and resources to institute and to continue to provide the proposed service meeting the public need therefor, and that the demand projected by the applicant supports the expectation that its service will be viable. Accordingly, the Agency is satisfied that the application for the proposed service should be granted. The application is hereby approved.

A licence to operate a Class 4 Charter domestic service from a base at Sioux Lookout, Ontario, will be issued to Glenn H. Clark proposing to incorporate a company to be known as Sioux 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 Groups A, B and 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 conditions:

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

The Licensee is restricted in its operations to the period between April 1 and October 31 of each year.