Decision No. 704-A-2002

December 31, 2002

December 31, 2002

APPLICATIONS by Hamilton Airlines (2000) Inc. 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, large aircraft and a non-scheduled international service, large aircraft.

File Nos. M4210/H187-1
M4210/H187-2Docket Nos. 000217

Hamilton Airlines (2000) Inc. (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 February 28, 2000.

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).

By letters dated September 12, 2000 and August 23, 2002, Agency staff advised the applicant that its applications were incomplete and outlined the missing information and documentation.

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 the end of 2002.

The Agency has considered the material filed to date in support of the applications and notes that the applicant 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)(ii) and (iii) and 73(1)(a)(ii) and (iii) of the CTA. Accordingly, the applications by Hamilton Airlines (2000) Inc. are hereby denied.

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