Part IOrderVolume 157, Number 19Published: May 13, 2023

Canadian North merger terms varied

Canada Gazette, Part I, Volume 157, Number 19: ORDERS IN COUNCIL

DEPARTMENT OF TRANSPORT

Key facts

Published
May 13, 2023
Comment deadline
Unclear
Effective date
Unclear

Summary#

This Order in Council replaces the 2019 merger conditions for the airline now operating as Canadian North. It lets the airline recover past losses and raise fares and profits within set limits while keeping minimum service to remote northern communities until June 30, 2026.

What it does#

  • Replaces the schedule attached to Order in Council P.C. 2019-805 and implements new terms under the Canada Transportation Act for the merged airline (Bradley Air Services/First Air + Canadian North).
  • Allows the airline to recover $32.2 Million of past losses over the remainder of the term.
  • Limits average annual increases in passenger and cargo fares in any region to 25% (measured by calendar year), unless higher increases are needed to cover operating losses in that region.
  • Caps allowable profit on the scheduled network at 10% per year (after accounting for loss recovery).
  • Requires the airline to maintain a minimum level of service to each listed community — defined as at least one scheduled flight per week.
  • Sets a passenger load-factor rule: if load factors exceed 85% for a route for 6 consecutive months, the airline must adjust capacity/schedules to respond to increased demand.
  • Excludes certain routes (including Edmonton–Yellowknife and Montreal–Kuujjuaq, and new routes outside current regions) from the service, fare, and load-factor rules; revenues and costs from those routes are not counted toward profit or loss limits.
  • Requires quarterly audits and reporting by an independent Monitor. The airline must give the Monitor and Transport Canada access to books, records and raw data. Transport Canada pays the Monitor; the airline covers its own compliance costs.
  • Implements the changes through an “Amended and Restated Implementation and Monitoring Agreement” that takes effect on its signing (the “Effective Date”) and runs to June 30, 2026. Baseline fares are measured as of December 31, 2022.

Who's affected#

  • The merged airline itself: Bradley Air Services Limited (First Air) and Canadian North Inc., operating as Canadian North.
  • Owners: Makivik Corporation and Inuvialuit Development Group (noted as the airline’s shareholders).
  • Residents, businesses and organizations in northern communities served by the airline — especially those in Nunavut and the Northwest Territories and the communities listed in the Order (hubs like Iqaluit and Yellowknife are named).
  • Governments and service providers that rely on the airline for essential cargo and passenger links, including food co‑ops and medical transport providers.
  • Transport Canada and the independent Monitor who will audit compliance.

Why it matters#

  • The changes aim to keep the only major network carrier in much of Canada’s North financially viable. That reduces the risk of the airline exiting the market and leaving communities without regular passenger or cargo service.
  • In practice, northerners may see higher fares (up to the 25% yearly limit in a region) but the Order also limits how much profit the airline can make (10%) and requires minimum service levels to protect access to food, medicine and medical travel.
  • The independent monitoring and reporting give the government ongoing visibility into fares, profits and service levels so it can act if the airline doesn’t meet its commitments.
  • If the airline could not remain viable under the old rules, the Order could help avoid sudden service disruptions that would be costly and difficult to replace.

Key topics

Canada Transportation ActAmended and Restated Implementation and Monitoring AgreementBradley Air Services LimitedFirst AirCanadian North Inc.Canadian NorthMakivik CorporationInuvialuit Development Group32.2 Million Canadian Dollars25% fare increase limit10% profit capone scheduled flight per weekTransport CanadaIqaluitYellowknife

Source: Canada Gazette

Official source