Decision No. 95-A-2004
February 27, 2004
APPLICATION by WinAir Flight Centre Ltd. pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, for a licence to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.
File No. M4210/W228-2
WinAir Flight Centre Ltd. (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 May 20, 2003 and was complete and ready for processing on February 24, 2004.
Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter 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 May 14, 2004.
The applicant filed an affidavit attesting that within the twelve months preceding the filing of the application it did not contravene section 59 of the Canada Transportation Act (hereinafter the CTA) in that it has not sold, caused to be sold or publicly offered for sale in Canada transportation in respect of the applied for air service without holding the required licence. The applicant has also undertaken in respect of the air service applied for that it will not contravene section 59 of the CTA prior to the issuance of the applied for licence. The Agency is not aware of any evidence that the applicant contravened section 59 of the CTA within the preceding twelve months.
The Agency has reviewed the application and is satisfied that the applicant meets the requirements of subsection 73(1) of the CTA.
Accordingly, a licence to operate the following service will be issued to WinAir Flight Centre Ltd.
non-scheduled international service, small aircraft
Pursuant to subsection 74(1) of the CTA, the Agency deems it appropriate to include the condition set out below in the licence to be issued pursuant to this Decision.
The licence to be issued pursuant to this Decision shall be subject, in addition to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), to the requirements to hold a Canadian aviation document issued by the Minister of Transport, and to have prescribed liability insurance coverage as set out in section 7 of the ATR and to the following condition to which the licence is made subject pursuant to subsection 74(1) of the CTA:
The Licensee is authorized to transport traffic on a charter basis between Canada and any other country.