Decision No. 32-A-2015

Kasper Aviation Inc. (applicant) has applied to the Canadian Transportation Agency (Agency) for a licence to operate a domestic service, small aircraft.

The Agency is satisfied that the applicant meets all the applicable requirements of paragraph 61(a) of the Canada Transportation Act (CTA).

In addition, in order for a licence to be issued, the Agency must also be satisfied, as provided for in paragraph 61(b) of the CTA, that the applicant has not contravened section 59 of the CTA within the preceding twelve months.

Section 59 of the CTA states that no person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under Part II of the CTA, a person holds a licence under that Part in respect of that service and that licence is not suspended.

In this regard, the Agency notes that a designated enforcement officer (DEO) pursuant to subsection 178(1) of the CTA issued a warning letter to the applicant on December 15, 2014. In this letter, the DEO informed the applicant that it had contravened section 59 of the CTA as the applicant had advertised through its Web site a publicly available air service.

As part of its application, the applicant submitted a letter addressing the circumstances around which it unknowingly contravened section 59 of the CTA.

In its letter, the applicant states that it wasn’t its intent to contravene the CTA. The applicant points out that upon being made aware of the contravention, it immediately closed its Web site.

The Agency finds that the applicant has contravened section 59 of the CTA.

The Agency, pursuant to subsection 79(2) of the CTA, has discretion to issue a licence notwithstanding the contravention.

The Agency notes that after being informed that it required a licence, the applicant filed an application with the Agency.

The Agency has considered this matter and will not refuse to issue a licence to the applicant despite the fact that it has contravened section 59 of the CTA.

Accordingly, the Agency approves the application for a licence to operate a domestic service, small aircraft.