Decision No. 527-A-2010
December 30, 2010
APPLICATION by The Owen Sound Transportation Company, Limited pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, for a licence to operate a domestic service, small aircraft.
File No. M4210/T338-1
The Owen Sound Transportation Company, Limited (applicant) has applied to the Canadian Transportation Agency (Agency) for a licence to operate the service set out in the title.
To meet the requirement to hold a valid Canadian aviation document set out in subparagraph 61(a)(ii) of the Canada Transportation Act (CTA), the applicant submitted a document issued to it by the Minister of Transport dated December 13, 2010, which refers to an agreement between the applicant and Cameron Air Service Inc. dated November 10, 2010.
The Agency has considered the document and is satisfied that it is a Canadian aviation document within the meaning of the CTA.
The Agency notes that the applicant, on its Web site, is offering for sale in Canada a domestic service between Pelee Island and the Ontario mainland, without holding a valid licence. The Agency therefore finds that the applicant has contravened section 59 of the CTA.
Due to the exceptional circumstances of this case and the need to continue the transportation link between the island and the mainland during the winter season, the Agency will not refuse to issue the licence to the applicant, as provided for in subsection 79(2) of the CTA.
The Agency has reviewed the application and is satisfied that the applicant meets all of the applicable requirements of section 61 of the CTA.
Accordingly, a licence to operate the following service will be issued to The Owen Sound Transportation Company, Limited.
domestic service, small aircraft
Further, to ensure continued compliance with subparagraph 61(a)(ii) of the CTA, the Agency, pursuant to sections 25 and 28 of the CTA, orders the applicant to provide the Agency with any documentation, immediately upon execution, that has the effect of altering or proposing to alter the agreement between the applicant and Cameron Air Service Inc., or would indicate that the applicant has entered into or is proposing to enter into a similar arrangement with a third party.
In addition, the applicant is prohibited from providing its domestic service, small aircraft, under Licence No. 100124 using all or part of an aircraft, with flight crew, that have been provided to Cameron Air Service Inc. by another person.
This Decision shall form part of Licence No. 100124.
The applicant should be aware that the Agency considers the contravention of section 59 of the CTA to be serious. In light of the circumstances of this case, the Agency contemplates no action in this matter. However, the Agency may take appropriate punitive action should any such contravention occur in the future.
This Decision takes effect on December 13, 2010, the date on which it was communicated verbally to The Owen Sound Transportation Company, Limited.
- John Scott
- J. Mark MacKeigan