Decision No. 152-A-2003

March 19, 2003

March 19, 2003

APPLICATIONS by Aeroceltic Canada Cargo Inc. carrying on business as Aeroceltic pursuant to section 61 and subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, for licences to operate a domestic service, all-cargo aircraft and a non-scheduled international service, all-cargo aircraft.

File Nos. M4210/A844-1
M4210/A844-2Docket Nos. 991090
991091


Aeroceltic Canada Cargo Inc. carrying on business as Aeroceltic (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for licences to operate the services set out in the title. The applications were received on October 27, 1999.

In order to obtain licences to operate a domestic service and a non-scheduled international service, the applicant must, inter alia, establish to the satisfaction of the Agency that it is Canadian, that it holds a Canadian aviation document and that it has the prescribed liability insurance in respect of the services to be provided under the licences, as set out in paragraphs 61(a) and 73(1)(a) of the Canada Transportation Act (hereinafter the CTA).

In addition to several Agency staff solicitations during the last three years for the applicant to provide information as to its Canadian status, the Agency, by letter dated December 23, 2002, advised the applicant that insufficient information had been provided for it to be satisfied that the applicant is Canadian. In the same letter, the Agency advised the applicant of the information needed to be filed in order to make a Canadian determination.

Pursuant to subsection 29(1) of the CTA, the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the applicant has agreed to an extension of the deadline until March 19, 2003.

To date, the applicant has not responded to the Agency's letter of December 23, 2002.

The Agency has considered the material filed to date in support of the applications and notes that the applicant has not established to the satisfaction of the Agency that it is Canadian, does not hold a valid Canadian aviation document and does not have the prescribed liability insurance coverage. The Agency is therefore not satisfied that the applicant meets the requirements of subparagraphs 61(a)(i), (ii) and (iii) and 73(1)(a)(i), (ii) and (iii) of the CTA. Accordingly, the applications by Aeroceltic Canada Cargo Inc. carrying on business as Aeroceltic are hereby denied.

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