Decision No. 825-A-1994

December 15, 1994

File No. M4205/C8-4-1

Docket No. 90905 WR

Campbell Air Limited (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 November 23, 1990.

Under Licence No. 882017, the applicant is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and E, from a base at Winnipeg, Manitoba.

Notice of the application was published on December 7, 1990 in the newspapers of the area concerned. In addition, selected air carriers and others who may have an interest in the proceedings were notified of the application. An intervention opposing the granting of the application was filed with the Agency by Ministic Air Ltd. The applicant replied to the intervention.

By letter dated March 8, 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 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 which communicated the decision of the Agency.

In its intervention, Ministic Air Ltd. indicates that the current demand in the Winnipeg area, for charter service using Group C aircraft, is low and more than adequately served by the existing air carriers, and that the operation of the proposed service would lead to instability in the level of service provided. The Agency is however of the view that the intervener has not presented any specific evidence to substantiate that 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 March 8, 1991 to complete its application 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.

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 National Transportation Act, 1987.

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 also use fixed wing aircraft in Group C.

Condition No. 1 of Licence No. 882017 is hereby amended to read:

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

Accordingly, a new document of licence bearing Licence No. 882017 will be issued to Campbell Air Limited.