Decision No. 589-A-1991

November 26, 1991

File No. M4205/N81-3-1

Docket No. 910855

Northwestern Air Lease Ltd. (hereinafter the applicant) has applied to the National Transportation Agency for authority to operate the service set out in the title. The application was received on August 7, 1991.

Under Licence No. 880141, the applicant is authorized to operate a Class 3 Specific Point domestic service using fixed wing aircraft in Groups A, B, C and D, serving the points Hay River, Fort Smith, Fort Simpson, Yellowknife, Wrigley, Fort Resolution and Snowdrift, Northwest Territories; Uranium City, Stony Rapids, Fond du Lac and Camsel Portage, Saskatchewan; Fort Chipewyan, High Level and Edmonton, Alberta.

Notice of the application was published on September 4, 1991 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. An intervention opposing the granting of the application was filed with the Agency by Contact Air. The applicant did not reply to the intervention.

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 intervention 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, Contact Air indicates that it has unused capacity in providing its unit toll service between the communities of Fort Chipewyan and Fort McMurray. The intervener also submits that should traffic be diverted from this service it would be to the detriment of the community of Fort Chipewyan as both Contact Air and the applicant would be forced to reduce staff and equipment. The Agency is of the opinion, however, that the intervener presents 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 to or from any point in the designated area.

The applicant has also 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 new document of licence, bearing Licence No. 880141, authorizing Northwestern Air Lease Ltd. to serve the points Hay River, Fort Smith, Fort Simpson, Yellowknife, Wrigley, Fort Resolution and Snowdrift, Northwest Territories; Uranium City, Stony Rapids, Fond du Lac and Camsel Portage, Saskatchewan; Fort Chipewyan, High Level, Edmonton, Fort McMurray, Peace River and Grande Prairie, Alberta will be issued.