Decision No. 851-A-1995

December 21, 1995

December 21, 1995

APPLICATION by Alta Flights (Charters) Ltd. for a licence pursuant to subsection 72(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and C, from a base at Dawson Creek, British Columbia.

File No. M4205/A177-4-3

Docket No. 951508


Alta Flights (Charters) Ltd. (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 September 8, 1995.

Notice of the application was posted at the local post office 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 Little Red Air Service Ltd. The applicant replied to the intervention.

By letter dated November 28, 1995, 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 opposing intervention, Little Red Air Service Ltd. submits that the proposed service would result in an overall reduction and destabilization of the level of domestic service between points in the designated area. It also submits that the addition of another carrier in the area is not justified and would jeopardize the viability of existing carriers. The Agency is of the view, however, that the intervener does not present 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.

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 November 28, 1995 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.

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.

Accordingly, a licence to operate a Class 4 Charter domestic service from a base at Dawson Creek, British Columbia will be issued to Alta Flights (Charters) Ltd.

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, B and 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, 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, B and C.
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