Decision No. 63-A-1988

April 27, 1988

File No. 2-A745-1A

Docket No. 10648 WD

Under Licence No. A.T.C. 3105/80(H), A L C Airlift Corp. is authorized to operate a Class 4 Charter commercial air service using rotating wing aircraft in Groups A-RW and B-RW, from a base at Pitt Meadows, British Columbia.

Pursuant to section 22 of the Air Carrier Regulations, C.R.C. 1978, c. 3 and section 27 of the National Transportation Act, R.S.C. 1970, N-17, notice has been given that A L C Airlift Corp. proposes to transfer to A L C Airlift Canada Inc. the commercial air service set out in the title. The notice was received on October 22, 1987.

This notice was filed with the Air Transport Committee of the Canadian Transport Commission. However, since January 1, 1988, the National Transportation Agency is now responsible for the disposition of all matters which were before the Commission as of December 31, 1987 pursuant to subsection 272(3) of the National Transportation Act, 1987, S.C. 1987, c. 34.

Notice of the proposed transfer was published on November 1, 1987 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. No objections to the proposed transfer were filed. Pleadings closed on December 4, 1987.

After consideration of the evidence before it, the Agency has determined that the proposed transfer will not unduly restrict competition or otherwise be prejudicial to the public interest. Accordingly, the transfer of the commercial air service authorized under Licence No. A.T.C. 3105/80(H), from A L C Airlift Corp. to A L C Airlift Canada Inc., is not disallowed subject to the condition that A L C Airlift Canada Inc. commences operating the service within a period of 180 days from the date of this Decision and to the further condition that the service authorized under Licence No. A.T.C. 3105/80(H) remain in the name of and continue to be operated by A L C Airlift Corp. until a licence has been issued to A L C Airlift Canada Inc.

A licence to operate a domestic service will be issued to A L C Airlift Canada Inc. upon compliance with the requirements of the Agency as applicable.

Failure by either the transferor or the transferee to comply with the aforementioned conditions will result in the commencement of proceedings by the Agency with a view to disallowing the transfer.