Decision No. 649-A-2001
December 13, 2001
File No. M4211/D88-2
Docket No. 981068
On November 25, 1998, Davis Aviation, Inc. (hereinafter the Licensee) applied to the Canadian Transportation Agency (hereinafter the Agency) for the reinstatement of Licence No. 977032.
By Decision No. 286-A-1998 dated June 11, 1998, Licence No. 977032, which authorizes the Licensee to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada, was suspended pursuant to paragraph 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA).
Pursuant to that Decision, the Licensee was provided with a period of one year from the date of the Decision to file an application to reinstate the said licence. If, at that time, upon consideration of the application, the Agency determined that the Licensee met the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, which provide that the Licensee must hold a document issued by its government that is equivalent to a non-scheduled international licence issued by the Agency, must hold a Canadian aviation document, and must have prescribed liability insurance coverage, the Agency would reinstate Licence No. 977032.
Alternatively, one year from the date of that Decision, if the application for reinstatement was not filed or the Licensee did not meet any of the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee would be provided an additional thirty (30) days to show cause why Licence No. 977032 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.
By letters dated January 8, 1999, March 15, 1999, May 7, 2001 and September 19, 2001, Agency staff advised the applicant that its application was incomplete and outlined the missing information and documentation.
Subsection 29(1) of the CTA states, in part, that the Agency shall make its decision in any proceedings before it no later than one hundred and twenty days after the originating documents are received, unless the parties agree to an extension. In this case, the applicant agreed to an indefinite extension of the deadline.
Agency staff has been unsuccessful in its numerous attempts to obtain the required information from the applicant in order to complete the processing of the application.
The Agency has considered the application and finds that the Licensee does not have the prescribed liability insurance coverage. The Agency is therefore not satisfied that the Licensee meets the requirement of subparagraph 73(1)(a)(iii) of the CTA. Accordingly, the Agency hereby denies the Licensee's application for reinstatement of Licence No. 977032.
Additionally, the Licensee is hereby provided with a period of thirty (30) days from the date of this Decision to show cause why Licence No. 977032 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.