Decision No. 813-A-1995

December 4, 1995

File No. M4205/K90-4-1

Docket No. 942162

Samaritan Air Service Ltd. also carrying on business as Keeshig Airlines (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 December 20, 1994 and was complete and ready for processing on February 27, 1995.

Notice of the application was published on March 8, 1995 in the newspaper of the area concerned. In addition, selected air carriers and others who may have an interest in the proceedings were notified of the application. No interventions opposing the granting of the application were filed with the Agency; however, an intervention was filed in support of the application.

By letter dated April 20, 1995, the Agency advised the applicant that no opposing interventions had been received and that it should proceed to complete its application, within one year from the date of the letter, by establishing to the satisfaction of the Agency that it has the qualifications necessary for the issuance of the licence as stated in paragraph 72(2)(a) of the National Transportation Act, 1987 (hereinafter the NTA, 1987).

The applicant has now filed the material necessary to complete 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 NTA, 1987.

Accordingly, a licence to operate a Class 4 Charter domestic service from a base at Moosonee, Ontario will be issued to Samaritan Air Service Ltd. also carrying on business as Keeshig Airlines.

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 Group C.

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, 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 Group C.