Agency Rulings

Decision No. 521-A-1990

October 10, 1990

APPLICATION by Aviation Batiscan Inc. 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 and B, from a base at Lac Sept-Îles, St-Raymond, Quebec, between May 1 and November 1 of each year.

File No. M4205-A426-4

Docket No. 90358

---

Aviation Batiscan Inc. (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 7, 1990 and was complete and ready for processing on May 10, 1990.

Notice of the application was published on May 30, 1990 in the newspapers of the area concerned and was posted at the post office of Lac Sept-Îles, St-Raymond. Copies of the notice were also sent to selected air carriers and to others believed to be interested. Interventions opposing the granting of the application were filed with the Agency by la Municipalité de la Paroisse de St-Raymond, M. Marc Ferland, M.P. for Portneuf and l'Association des propriétaires du Lac Sept-Îles Inc. The applicant replied to the interventions.

By letter dated August 29, 1990, the Agency advised the applicant of its determination pursuant to paragraph 72(2)(b) 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 Agency's determination are set out below.

The pleadings form part of the public files and may be consulted in the Agency's offices 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 interventions referred to.

The Agency's determination 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 decision.

The interveners indicate that the proposed service would create noise and water pollution and cause a safety hazard for the residents of Lac Sept-Îles. Pursuant to paragraph 12(a) of the Environmental Assessment and Review Process Guidelines Order, SOR/84-467, this proposal was subjected to a screening by the Agency. The Agency is satisfied that the issuance of a licence for the proposed service would not produce any adverse environmental effects. Accordingly, a further review under the Environmental Assessment and Review Process is not necessary.

The Agency notes that the interveners do not indicate or present 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.

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 the Agency's letter dated August 29, 1990 to file Section II of its application within one year from the date of the letter.

On September 5, 1990, the applicant filed Section II 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.

Accordingly, a licence to operate a Class 4 Charter domestic service from a base at Lac Sept-Îles, St-Raymond, Quebec will be issued to Aviation Batiscan Inc.

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 and B.

In accordance with the applicant's request to operate on a seasonal basis, the Agency finds it in the public interest to authorize the Licensee to operate its service between May 1 and November 1 of each year.

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 conditions:

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

The Licensee is restricted in its operations to the period between May 1 and November 1 of each year.