Decision No. 5-A-1994

January 4, 1994

January 4, 1994

APPLICATION by Conifair Aviation Inc. also carrying on business as Transport Aérien Royal/Royal Airlines 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 E, F, G and H, from a base at Calgary, Alberta.

File No. M4205/R136-4-16

Docket No. 930977 WR


Conifair Aviation Inc. also carrying on business as Transport Aérien Royal/Royal Airlines (the Agency was advised that Conifair Aviation Inc. also carrying on business as Transport Aérien Royal/Royal Airlines has changed its name to Royal Aviation Inc. carrying on business as Royal and/or Conifair) (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 July 15, 1993.

Notice of the application was published on August 6, 1993 in the newspaper of the area concerned and copies of the notice were sent to selected air carriers and to others believed to be interested. No interventions opposing the granting of the application were filed with the Agency.

By letter dated September 16, 1993, the Agency advised the applicant that no opposing interventions had been received and that it should therefore file Section II of its application within one year from the date of the letter.

The applicant has now 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 in respect of the authority to use fixed wing aircraft in Groups G and H only.

Accordingly, a licence to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups G and H only, from a base at Calgary, Alberta will be issued to Royal Aviation Inc. carrying on business as Royal and/or Conifair.

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 G and H.

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, 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 G and H.

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