Decision No. 93-A-2004

February 27, 2004

February 27, 2004

APPLICATION by Horsham Valley Airways carrying on business as University Flight Services of Horsham, Pennsylvania, United States of America, pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, for a licence 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.

File No. M4211/U74-2


Horsham Valley Airways carrying on business as University Flight Services (hereinafter the applicant) has applied to the Canadian Transportation Agency (hereinafter the Agency) for a licence to operate the service set out in the title. The application was received on July 7, 2003.

In order to obtain a licence, the applicant must, inter alia, establish to the satisfaction of the Agency that it holds a Canadian aviation document and that it has the prescribed liability insurance in respect of the service to be provided under the licence and that it holds a document issued by its government that is equivalent to a non-scheduled international licence, as set out in subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the Canada Transportation Act (hereinafter the CTA).

By letter dated July 16, 2003, Agency staff advised the applicant that its application was 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 February 28, 2004.

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 material filed to date in support of the application and notes that the applicant does not hold a valid Canadian aviation document. The Agency is therefore not satisfied that the applicant meets the requirement of subparagraph 73(1)(a)(ii) of the CTA. Accordingly, the application by Horsham Valley Airways carrying on business as University Flight Services is hereby denied.

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