Decision No. 163-A-1989

March 23, 1989

March 23, 1989

APPLICATION by Central Patricia Outfitters Ltd. carrying on business as Bottenfield's Winisk Air for authority to amend Licence No. 882903 by deleting Condition No. 2 and to also use fixed wing aircraft in Group C.

DECISION: APPLICATION APPROVED.

File No. M4205-B57-4

Docket No. 88681


Central Patricia Outfitters Ltd. carrying on business as Bottenfield's Winisk Air (hereinafter the applicant) has applied to the National Transportation Agency to operate the service set out in the title. The application was received on November 24, 1988.

Under Licence No. 882903, the applicant is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and B, from a base at Pickle Lake (Dona Lake), Ontario. Condition No. 2 of the licence reads as follows:

"The Licensee is restricted in its operations to operating from break-up to freeze-up only each year."

Notice of the application was posted at the post office of Pickle Lake and copies of the notice were 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 Osnaburgh Airways Ltd. and Gold Belt Air Transport Inc. The applicant replied to the interventions.

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 interveners submit that, inter alia, revenue hours are declining, that aircraft fleets have been reduced, that the availability of airstrips in the area has reduced the public's reliance on float or ski-equipped aircraft and that V. Kelner Airways Limited has relocated from a water base to the airport at Pickle Lake. Conversely, the applicant indicates that its revenue hours have increased and submits that, excluding the aircraft previously used by V. Kelner Airways Limited, there are now more float and ski-equipped aircraft in the area then there were prior to the construction of the airstrips referred to by the interveners. Having considered the foregoing, the Agency is not convinced that the applicant's operation of its charter service on a year-round basis and the introduction of the proposed aircraft to the Pickle Lake market would have significant detrimental effect on the overall stability and level of domestic service provided.

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 application is hereby approved.

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.

Accordingly, Condition No. 1 of Licence No. 882903 is hereby amended to read:

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

Condition No. 2 of Licence No. 882903 is hereby deleted.

A new document of licence, bearing Licence No. 882903, will issue to Central Patricia Outfitters Ltd. carrying on business as Bottenfield's Winisk Air upon the applicant establishing to the satisfaction of the Agency that it meets the requirements set out in paragraph 72(2)(a) of the National Transportation Act, 1987, S.C. 1987, c. 34.

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