Decision No. 717-A-2006
December 29, 2006
APPLICATION by Flying Tankers Inc. for suspension of Licence No. 962055.
File No. M4210/F173-1
Flying Tankers Inc. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on December 7, 2006.
Under Licence No. 962055, the Licensee is authorized to operate a domestic service, small aircraft.
Pursuant to paragraph 63(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Agency may, subject to section 64, suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation. Subsection 64(2) of the CTA requires that the Licensee give notice of the proposal to discontinue a domestic service and that the Licensee shall not implement the proposal until the expiration of 120 days, or 30 days if the service has been in operation for less than one year, after the notice is given or until the expiry of any shorter period that the Agency may, on application by the Licensee, specify by order.
The Agency has reviewed the matter and, in light of the seasonal nature of the service, is of the opinion that compliance by the Licensee with section 64 of the CTA is unnecessary in this case. Accordingly, pursuant to paragraph 80(1)(c) of the CTA, the Agency hereby exempts the Licensee from the application of section 64 of the CTA.
The Agency has considered the application and, pursuant to paragraph 63(2)(b) of the CTA, hereby suspends Licence No. 962055.
To reinstate the suspended licence, the Licensee is provided with a period of one year from the date of this Decision to file an application to that effect. If, at that time, upon consideration of the application, the Agency determines that the Licensee meets the requirements of subparagraphs 61(a)(i) to (iii) of the CTA, which provide that the Licensee must be Canadian, must hold a Canadian aviation document and must have prescribed liability insurance coverage, the Agency shall lift the suspension.
Alternatively, one year from the date of this Decision, if the application for reinstatement is not filed or the Licensee does not meet any of the requirements of subparagraphs 61(a)(i), (ii) or (iii) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 962055 should not be cancelled pursuant to subsection 63(1) of the CTA.
This Decision shall be affixed to Licence No. 962055 and the suspension of the licence shall remain in effect until further order of the Agency.
- Baljinder Gill
- Mary-Jane Bennett