Decision No. 169-A-1989

March 29, 1989

File No. M4205-S43-3

Docket No. 88694

Enterlake Air Services Ltd. carrying on business as Selkirk Air (hereinafter the applicant) has applied to the National Transportation Agency for a licence to operate the service set out in the title. The application was received on November 29, 1988.

Notice of the application was published on December 20, 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. An intervention opposing the granting of the application was filed with the Agency by Northern Manitoba Outfitters Ltd. (hereinafter NMOL). By letter dated December 29, 1988, the applicant requested an extension of time to file a reply to the intervention and the Agency granted it until February 7, 1989 to do so. The applicant replied to the intervention.

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 intervention, NMOL submits that the communities proposed to be served cannot support another carrier. The intervener also is of the view that there is no need for an additional carrier to serve Berens River and Poplar River. In addition, the intervener states that the proposed service would duplicate existing services and dilute present operations thereby causing a decrease or instability in the present level of service; however, the Agency is of the opinion that the intervener does not provide any specific substantiating evidence to this effect.

The Agency notes that there is no indication of concern from independent parties, such as members of the general public, community representatives or users of air services, that the operation of the proposed service would have a negative impact on the level of domestic service provided to, from or within the designated area.

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 3 Specific Point domestic service serving the points Bissett, Bloodvein, Little Grand Rapids, Berens River, Paungassi, Poplar River and Selkirk, Manitoba, will be issued to Enterlake Air Services Ltd. carrying on business as Selkirk Air 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 make provision for the level of Class 3 service to be consistent with demand anticipated by the applicant and in accordance with the applicant's indicated intentions, the Agency finds it in the public interest to authorize the Licensee to use fixed wing aircraft in Groups A, B and C.

Moreover, to facilitate the provision of Class 3 services to temporary resource development points, where such services do not duplicate services of another unit toll carrier, the Agency finds it in the public interest to authorize Enterlake Air Services Ltd. carrying on business as Selkirk Air to commence service to such points provided that the addition and operation of such services are in accordance with the conditions 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 conditions respecting Appendix "A" points contained in the attachment, which are hereby made a part of this Decision, and to the following condition:

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