Decision No. 55-A-1991

February 6, 1991

File No. M4895-W128-4

Docket No. 90552

Mylight Aircraft Inc. carrying on business as Westair Aviation (hereinafter the applicant) has applied to the National Transportation Agency to operate the service set out in the title. The application was received on July 11, 1990.

Under Licence No. 882915, the applicant is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B.

Notice of the application was published on July 26, 1990 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 with the Agency by Westair Aviation Inc. The applicant replied to the intervention. In addition, Westair Aviation Inc. filed additional comments in response to the reply of the applicant.

By letter dated November 16, 1990, the Agency advised the applicant of its determination pursuant to subsection 94(2) of the National Transportation Act, 1987 that the issuance of a licence for the proposed service would be in the public interest. The reasons for the Agency's determination are set out below.

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.

The determination of the Agency pursuant to subsection 94(2) of the National Transportation Act, 1987 is based on the material filed and the situation which existed on the date of issuance of the letter decision.

In its intervention, Westair Aviation Inc. notes that the applicant would operate the proposed service under the same name as the intervener. The intervener submits that this situation would probably result in the public being unable to distinguish between the two air carriers and be to the intervener's detriment. The Agency notes, however, that pursuant to subsection 94(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), its mandate is to determine that the issuance of a licence is in the public interest. Accordingly, the Agency is of the opinion that the issue raised by the intervener concerning the selection of trade names is beyond its purview. Moreover, in view of the geographic locations and the scope of the applicant's and intervener's air services, it is unlikely that the users or the intervener would be affected by the similarity of names.

The Agency is of the view that the proposed service would benefit the public by increasing the choice of Class 9-4 Charter non-scheduled international service offered.

The applicant was also requested by the Agency's letter dated November 16, 1990 to file Section II of its application within one year from the date of the letter.

The applicant has now filed Section II of its application. The Agency has reviewed the material filed and is satisfied that the applicant meets the requirements set out in subsection 94(1) of the National Transportation Act, 1987.

Accordingly, a new document of licence, bearing Licence No. 882915, will be issued to Mylight Aircraft Inc. carrying on business as Westair Aviation.

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 Group C.

Accordingly, Condition No. 1 of the amended Licence No. 882915 which will be issued pursuant to this Decision will read:

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