Decision No. 875-A-1995
December 29, 1995
APPLICATION by Thunder Airlines Limited 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 B, C, D and E, from a base at Pickle Lake, Ontario.
File No. M4205/T237-4-4
Docket No. 951632
Thunder Airlines Limited (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 October 3, 1995 and was complete and ready for processing on October 16, 1995.
Notice of the application was published on November 15 and 16, 1995 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. No interventions opposing the granting of the application were filed with the Agency.
The applicant has also filed material in respect 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 B and C.
Accordingly, a licence to operate a Class 4 Charter domestic service from a base at Pickle Lake, Ontario will be issued to Thunder Airlines Limited.
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 B and C.
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 B and C.
With respect to the authority to use fixed wing aircraft in Groups D and E, the applicant should file with the Agency the material necessary to complete its application within one year from the date of this Decision. If the applicant does satisfy the Agency within this period that it has the necessary qualifications for licence issuance, the Agency shall issue a new document of licence. If the applicant does not establish to the satisfaction of the Agency, within one year from the date of this Decision, that it has the said qualifications with respect to the authority to use fixed wing aircraft in Groups D and E, this shall result in the closing of the Agency file regarding that portion of the application.