Agency Rulings

Decision No. 85-A-2003

The suspension is no longer in effect by Decision No. 490-A-2003

February 24, 2003

APPLICATION by Air Tindi Ltd. for suspension of Licence No. 962134 in respect of the domestic service, medium aircraft, and Licence No. 961020 in respect of the non-scheduled international service, medium aircraft.

File Nos. M4210/A358-1
M4210/A358-2Docket Nos. 030174
030175

Air Tindi Ltd. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on February 12, 2003.

Under Licence No. 962134, the Licensee is authorized to operate a domestic service, small aircraft, a domestic service, medium aircraft, and a domestic service, all-cargo aircraft.

Under Licence No. 961020, the Licensee is authorized to operate a non-scheduled international service, small aircraft, a non-scheduled international service, medium aircraft, and a non-scheduled international service, all-cargo aircraft, to transport traffic on a charter basis between points in Canada and any other country.

Pursuant to paragraphs 63(2)(b) and 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Agency may suspend or cancel a domestic licence and a non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.

The Agency has considered the application and notes that the Licensee does not hold a valid Canadian aviation document for the use of medium aircraft. Therefore, the Agency has determined pursuant to subsection 27(1) of the CTA that this application should be dealt with pursuant to the provisions of subsection 63(1) and paragraph 75(1)(a) of the CTA which require the Agency to suspend or cancel licences when licensees fail to meet the requirement of subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the CTA.

In light of the fact that the Licensee ceases to meet the requirement of subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the CTA, the Agency, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, hereby suspends Licence No. 962134 in respect of the domestic service, medium aircraft, and Licence No. 961020 in respect of the non-scheduled international service, medium aircraft.

To reinstate the licences in respect of the above-noted services, the Licensee is provided with a period of one year from the date of this Decision to file an application to that effect. If, at that time, upon consideration of the application, the Agency determines that the Licensee meets the requirements of subparagraphs 61(a)(i) to (iv) and 73(1)(a)(i) to (iv) of the CTA, which provide that the Licensee must be Canadian, must hold a Canadian aviation document, must have prescribed liability insurance coverage and must meet prescribed financial requirements, Licence No. 962134 in respect of the domestic service, medium aircraft, and Licence No. 961020 in respect of the non-scheduled international service, medium aircraft, shall be reinstated.

Alternatively, one year from the date of this Decision, if the application for reinstatement is not filed or the Licensee does not meet any of the requirements of subparagraphs 61(a)(i), (ii), (iii) and (iv) and 73(1)(a)(i), (ii), (iii) and (iv) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 962134 in respect of the domestic service, medium aircraft, and Licence No. 961020 in respect of the non-scheduled international service, medium aircraft, should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

This Decision shall be affixed to Licence Nos. 962134 and 961020 and the suspension of the licences in respect of the domestic service, medium aircraft and the non-scheduled international service, medium aircraft, shall remain in effect until further order of the Agency.