Decision No. 870-A-1993
December 21, 1993
APPLICATION by Pavel Misata carrying on business as Misata 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 4 Charter domestic service using fixed wing aircraft in Group A, from a base at Hay River, Northwest Territories.
File No. M4205/M179-4-1
Docket No. 921417
Pavel Misata carrying on business as Misata Air1 (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 November 23, 1992 and was complete and ready for processing on January 14, 1993.
Notice of the application was published on February 2 and 5, 1993 in the newspapers 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.
1 The Agency was advised that Pavel Misata carrying on business as Misata Air has changed its name to Misata Air Ltd.
The Agency notes that the notice was published in The Hub on February 2, 1993 instead of February 3, 1993 as was directed. However, the Agency accepts the public notice as being good and sufficient notice.
By letter dated March 23, 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.
Accordingly, a licence to operate a Class 4 Charter domestic service from a base at Hay River, Northwest Territories will be issued to Misata Air Ltd.
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 A.
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 Group A.