Decision No. 22-A-2003

January 14, 2003

File Nos. M4210/C508-1
M4210/C508-2

Docket Nos. 000578
000579

Chinook Air Charter 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 June 15, 2000.

In order to obtain licences to operate a domestic service and a non-scheduled international service, the applicant must, inter alia, establish to the satisfaction of the Agency that it is Canadian, that it holds a Canadian aviation document and that it has the prescribed liability insurance in respect of the services to be provided under the licences, as set out in paragraphs 61(a) and 73(1)(a) of the Canada Transportation Act (hereinafter the CTA).

By several letters dated July 5, September 5, and October 3, 2000, Agency staff advised the applicant that its applications were incomplete and outlined the missing information and documentation.

By letter dated October 26, 2000, the Agency requested information and documentation concerning the Canadian status of the applicant.

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 indefinite extension of the deadline.

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 applications.

The Agency has considered the material filed to date in support of the application and notes that the applicant has not established to the satisfaction of the Agency that it is Canadian as that term is defined in subsection 55(1) of the CTA. Further, the Agency notes that the applicant does not hold a valid Canadian aviation document and does not have prescribed liability insurance coverage. The Agency is therefore not satisfied that the applicant meets the requirements of subparagraphs 61(a)(i), (ii) and (iii) and 73(1)(a)(i), (ii) and (iii) of the CTA. Accordingly, the applications by Chinook Air Charter Inc. are hereby denied.