Decision No. 684-A-2001
With Decision No. 14-A-2002
December 31, 2001
APPLICATION by Uniform Yankee Juliet Air Inc. carrying on business as UYJ Aviation pursuant to section 32 of the Canada Transportation Act, S.C. 1996, c. 10, for a review of Decision No. 665-A-2001 dated December 21, 2001.
On December 27, 2001, Uniform Yankee Juliet Air Inc. carrying on business as UYJ Aviation (hereinafter UYJ Aviation) filed an application with the Canadian Transportation Agency (hereinafter the Agency), for a review of Decision No. 665-A-2001 dated December 21, 2001, alleging that new facts and circumstances have occurred since the issuance of the said Decision.
UYJ Aviation, in its letter, states that "there are a number of changed facts and circumstances that we wish to put before the Agency. We are attaching evidence in the form of agreements and affidavits to address Agency concerns". UYJ Aviation also states that it is attaching and or forwarding under separate cover certain documentation. However to date, the Agency has not received any documentation other than UYJ Aviation's letter dated December 27, 2001.
UYJ Aviation verbally requested that a decision be rendered in this matter by the end of the year. As a result, Agency staff contacted UYJ Aviation and requested that it file the additional information referred to in its letter immediately in order for the Agency to comply with UYJ Aviation's request for an urgent decision. Notwithstanding, no other information has been filed with the Agency since December 27, 2001.
The Agency, in its Decision No. 665-A-2001, denied an application by UYJ Aviation for licences to operate a domestic service, small aircraft, and a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country. The Agency was unable to determine whether UYJ Aviation is controlled in fact by Canadians. Therefore, the Agency was not satisfied that UYJ Aviation met the requirement of subparagraphs 61(a)(i) and 73(1)(a)(i) of the Canada Transportation Act (hereinafter the CTA). Due to the confidentiality of the documents filed by UYJ Aviation, the Agency issued a separate letter to the carrier, in confidence, setting out the detailed reasons for the Agency's Decision.
JURISDICTION OF THE AGENCY
Pursuant to section 32 of the CTA, the Agency may review, rescind or vary its decisions if new facts or circumstances have arisen since the issuance of its decision.
It is important to stress at the outset that the review contemplated by section 32 of the CTA is not an open-ended authority for the Agency to review its decisions. The Agency's jurisdiction under this section is limited and only arises if there has been a change in facts or circumstances pertaining to the Decision since its issuance. The Agency must first determine whether there has been a change in facts or circumstances pertaining to its Decision and, if so, then determine whether such change is sufficient to warrant a review, rescission or variance of the Decision.
The Agency has carefully considered the application and finds that the information provided by UYJ Aviation does not constitute new facts and circumstances as contemplated in section 32 of the CTA.
Accordingly, the Agency hereby dismisses the application for review of Decision No. 665-A-2001.