Decision No. 853-A-1994
December 30, 1994
APPLICATION by Bradley Air Services Limited carrying on business as First Air for a licence pursuant to section 94 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) to operate a Class 9-3 Unit Toll non-scheduled international service serving the points Iqaluit, Northwest Territories, Canada, and Kangerlussuaq (Sondrestromfjord), Greenland, using fixed wing aircraft in Groups E and G.
File No. M4895/F19-3-2
Docket No. 941365
Bradley Air Services Limited carrying on business as First 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 August 12, 1994 and was complete and ready for processing on September 2, 1994.
Notice of the application was published on September 9, 1994 in the newspapers of the areas concerned. In addition, selected air carriers and others who may have an interest in the proceedings were notified of the application. On October 10, 1994, Canadian Airlines International Ltd. carrying on business under the firm name and style of either Canadian Airlines International or Canadi*n (hereinafter Canadian) requested an extension of time to file an intervention and the Agency granted it until October 14, 1994 to do so. An intervention opposing the granting of the application was filed with the Agency by Canadian. The applicant replied to the intervention. An intervention was filed in support of the application. In addition, two letters of support were submitted with the application.
(* The Company's symbol appears between the "i" and the "n" in the trade name.)
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 opposing intervention referred to.
The Agency notes that Canadian is concerned about the commercial business aspects of the proposal such as the "purported" pooling agreement between the applicant and Greenlandair, code sharing with Greenlandair, the type of service to be operated and the service pattern. In its reply, the applicant refutes the allegations of Canadian and acknowledges that, where appropriate, the concerned parties must have all their requisite licensing issues settled prior to any action taking place beyond the application now before the Agency. Pursuant to section 94 of the National Transportation Act, 1987, the mandate of the Agency in applications such as this one is to determine whether or not the issuance of a Unit Toll non-scheduled international licence is in the public interest.
The Agency is of the opinion that the introduction of a Class 9-3 Unit Toll non-scheduled international service between Iqaluit, Northwest Territories and Kangerlussuaq (Sondrestromfjord), Greenland, which would also permit access to more Greenland communities on other air services having air links with Kangerlussuaq (Sondrestromfjord), would benefit the public.
In light of the foregoing, the Agency finds it in the public interest to issue a licence to operate a Class 9-3 Unit Toll non-scheduled international service to Bradley Air Services Limited carrying on business as First Air.
The applicant has also 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 subsection 94(1) of the National Transportation Act, 1987.
Accordingly, a licence to operate a Class 9-3 Unit Toll non-scheduled international service will be issued to Bradley Air Services Limited carrying on business as First Air.
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 E and G.
The licence will be subject to the terms and conditions prescribed by the Air Transportation Regulations, SOR/88-58, and to the following conditions:
- The Licensee is authorized to serve the points Iqaluit, Northwest Territories, Canada and Kangerlussuaq (Sondrestromfjord), Greenland.
- The Licensee is authorized to use fixed wing aircraft in Groups E and G.