Decision No. 157-A-2008

April 7, 2008

File No. M4211/M269-2

MK Airlines Limited (the Licensee) has applied to the Canadian Transportation Agency (the Agency) for the suspension set out in the title. The application was received on March 11, 2008.

Pursuant to Licence No. 020154, the Licensee is authorized to operate a non-scheduled international service to transport goods on a charter basis between points in the Republic of Ghana and points in Canada.

Pursuant to paragraph 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (the CTA), the Agency may suspend or cancel a non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.

In Order No. 2005-A-581 dated October 13, 2005, Licence No. 020154 was suspended at the request of the Licensee pursuant to paragraph 75(2)(b) of the CTA. Pursuant to that Decision, the Licensee was provided with a period of one year from the date of the Decision to file an application to reinstate the said licence. The Decision also provided that if the application for reinstatement was not filed, or the Licensee did not meet any of the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence No. 020154 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.

In Decision No. 68-A-2007 dated February 14, 2007, Licence No. 020154 was again suspended at the request of the Licensee pursuant to paragraph 75(2)(b) of the CTA. Pursuant to that Decision, the Licensee was provided with a period of one year from the date of the Decision to file an application to reinstate the said licence. The Decision also provided that if the application for reinstatement was not filed, or the Licensee did not meet any of the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence No. 020154 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.

In its response to Decision No. 68-A-2007, the Licensee requests that Licence No. 020154 be suspended for another year.

The Licensee continues to not meet the requirements of subparagraphs 73(1)(a)(ii) and (iii) of the CTA.

In this regard, the Agency's practice has been to allow numerous successive suspensions of a licence on request from a licensee. This practice has resulted in an administrative burden given the requirement to maintain records of all applications and licence holders whether or not they operate an air service. The existing licence issuance requirements are straightforward. Therefore, at any time, when an applicant meets these requirements, it may submit an application and a licence will be issued.

The Agency has considered the application and in light of the above considerations hereby suspends Licence No. 020154. In addition, the Licensee is hereby provided with ninety (90) days to meet the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA. Failure by the Licensee to establish to the satisfaction of the Agency within the aforementioned time frame that it meets these requirements will result in the cancellation of Licence No. 020154 without further notice.

This Decision shall be affixed to Licence No. 020154.

Members

• John Scott
• J. Mark MacKeigan