Agency Rulings

Decision No. 408-A-1994

June 30, 1994

APPLICATION by Aklak Inc. carrying on business as Aklak Air 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 3 Specific Point domestic service using fixed wing aircraft in Groups A, B, C and D, serving the points Inuvik, Aklavik, Midway Lake, Fort McPherson, Tuktoyaktuk, Sachs Harbour, Paulatuk, Holman, Coppermine, Cambridge Bay, Norman Wells and Fort Good Hope, Northwest Territories; and Dawson City, Yukon Territory.

File No. M4205/A622-3-1

Docket No. 940924

Aklak Inc. carrying on business as Aklak Air (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 May 25, 1994.

Notice of the application was posted at the post offices of Norman Wells, Inuvik, Aklavik, Midway Lake, Fort McPherson, Tuktoyaktuk, Sachs Harbour, Paulatuk, Holman, Coppermine, Cambridge Bay, Fort Good Hope and Dawson City. 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.

The applicant has also filed material in respect 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 in respect of the authority to use fixed wing aircraft in Group C.

Accordingly, a licence to operate a Class 3 Specific Point domestic service serving the points Inuvik, Aklavik, Midway Lake, Fort McPherson, Tuktoyaktuk, Sachs Harbour, Paulatuk, Holman, Coppermine, Cambridge Bay, Norman Wells and Fort Good Hope, Northwest Territories and Dawson City, Yukon Territory, using fixed wing aircraft in Group C only, will be issued to Aklak Inc. carrying on business as Aklak Air.

To make provision for the level of Class 3 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 facilitate the provision of Class 3 services to temporary resource development points, where such services do not duplicate services of another unit toll carrier, the Agency finds it in the public interest to authorize Aklak Inc. carrying on business as Aklak Air to commence service to such points provided that the addition and operation of such services are in accordance with the conditions 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 conditions respecting Appendix "A" points contained in the attachment, which are hereby made a part of this Decision, and to the following condition:

The Licensee is authorized to use fixed wing aircraft in Group C.

With respect to the authority to use fixed wing aircraft in Groups A, B and D, the applicant should file with the Agency the material necessary to complete its application within one year from the date of this Decision. If the applicant does satisfy the Agency within this period that it has the necessary qualifications for licence issuance, the Agency shall issue a new document of licence. If the applicant does not establish to the satisfaction of the Agency, within one year from the date of this Decision, that it has the said qualifications with respect to the authority to use fixed wing aircraft in Groups A, B and D, this shall result in the closing of the Agency file regarding that portion of the application.