Decision No. 36-A-2005

January 28, 2005

File No. M4212/A1002-2

ACM Air Charter (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 September 29, 2004.

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 letters dated November 4, 2004 and January 13, 2005, Agency staff advised the applicant that its application was incomplete and outlined the missing information and documentation.

Subsection 29(1) of the CTA states, in part, that the Agency shall make its decision in any proceedings before it no later than one hundred and twenty days after the originating documents are received, unless the parties agree to an extension.

By letter dated January 13, 2005, Agency staff advised the applicant that the requested information and documentation had not been filed and requested that the applicant provide a statement indicating that it agreed to an extension of the one hundred and twenty days to process its application. The applicant did not reply to this letter.

The Agency has considered the material filed to date in support of the application and notes that the applicant does not have the prescribed liability insurance coverage. The Agency is therefore not satisfied that the applicant meets the requirement of subparagraph 73(1)(a)(iii) of the CTA. Accordingly, the application by ACM Air Charter is hereby denied.