Decision No. 583-A-1991

November 25, 1991

File No. M4205/A254-4-4

Docket No. 910437

Aviation Portneuf Ltée (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 April 26, 1991 and was complete and ready for processing on May 13, 1991.

Notice of the application was published on May 29, 1991 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. Interventions opposing the granting of the application were filed with the Agency by the Municipalité de Saint-Augustin-de-Desmaures (hereinafter the Municipalité) and Aviation Roger Forgues (hereinafter ARF). The applicant replied to the interventions.

By letter dated July 7, 1991, the Agency advised the applicant of its determination pursuant to paragraph 72(2)(b) of the National Transportation Act, 1987 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 reasons for the determination of the Agency are set out below.

The pleadings form part of the public files and may be consulted in the offices of the Agency 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 determination of the Agency pursuant to paragraph 72(2)(b) 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, the Municipalité indicates that the number of aircraft operating on Lac Saint-Augustin is sufficient and that an additional carrier would jeopardize the safety of residents and users of the lake. However, the Agency notes that in this case with respect to safety the applicant, pursuant to subparagraph 72(2)(a)(ii) of the National Transportation Act, 1987, established to the satisfaction of the Agency that it "holds a Canadian aviation document in respect of the service to be provided under the Licence."

In its intervention, ARF indicates that it more than adequately satisfies demand for charter services in the Québec City area and that the proposed service would dilute traffic and threaten its profitability. The Agency is of the opinion, however, that the interveners present no specific evidence to substantiate that the operation of the proposed service would have a significant adverse effect on the overall level of domestic service provided to, from or within the designated area.

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 applicant was also requested by Agency letter dated July 7, 1991 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 paragraph 72(2)(a) of the National Transportation Act, 1987.

Accordingly, a licence to operate a Class 4 Charter domestic service from a base at Lac Saint-Augustin, Quebec will be issued to Aviation Portneuf Ltée.

To make provision for the level of charter domestic 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 and B.

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 it 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 will be subject to the terms and conditions prescribed by the Air Transportation Regulations, SOR/88-58, 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 Groups A and B.