Decision No. 728-A-2005
December 16, 2005
APPLICATIONS by Platinum Jet Air Charters Inc. carrying on business as Platinum Jet Air pursuant to section 61, subsections 69(1) and 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, for licences to operate a domestic service, large aircraft; a scheduled international service, large aircraft; and a non-scheduled international service, large aircraft.
File Nos. M4161/P353
Platinum Jet Air Charters 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 April 4, 2005.
Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter 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 March 30, 2006.
In order to obtain licences to operate the proposed services and pursuant to subparagraph 61(a)(i), subsection 69(2), and subparagraph 73(1)(a)(i) of the CTA, the applicant must establish to the satisfaction of the Agency that it is Canadian. Subsection 55(1) of the CTA states that Canadian means a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act, R.S.C., 1985, c. I-2, as amended, a government in Canada or an agent of such a government or a corporation or other entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 75 percent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians.
The Agency issued two comprehensive letters requesting the applicant to file specific information and documentation relating to, among other matters, the Canadian status of the applicant. The Agency has carefully reviewed all of the relevant submissions made by the applicant, including the information contained in the application and all documentation filed in support thereof, as well as the applicant's last submission dated November 8, 2005.
The Agency has considered the aforementioned information and documentation and finds that it does not have sufficient and important information and documentation that it requires to make a Canadian compliance determination. Accordingly, the Agency has determined that Platinum Jet Air has not established to the satisfaction of the Agency that it is Canadian as defined in subsection 55(1) of the CTA.
The applicant, therefore, has failed to meet a basic market entry requirement, which is in place to maintain a strong Canadian aviation industry. Sections 61, 69 and 73 of the CTA state, in part, that the applicant must establish to the satisfaction of the Agency that it is Canadian before licences to operate the services noted in the title can be issued. Accordingly, the Agency hereby denies the applications. As the relevant licences will not issue, the Agency will not address compliance with the other market entry requirements.
Due to the confidentiality of the documents filed by the applicant, a separate letter will be sent to the applicant, in confidence, setting out the detailed reasons for the Decision.
- George Proud
- Baljinder Gill