Decision No. 38-A-1998
February 3, 1998
APPLICATION by British Columbia Mountain Helicopters pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, for a licence to operate a domestic service, small aircraft.
File No. M4210/B243-1
Docket No. 971404
British Columbia Mountain Helicopters (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 October 6, 1997.
In order to obtain a licence, 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 service to be provided under the licence as set out in paragraph 61(a) of the Canada Transportation Act (hereinafter the CTA).
By letter dated October 15, 1997, Agency staff advised the applicant that its application was incomplete and outlined the missing information.
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 27, 1998, Agency staff advised the applicant that the requested information and documents 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. In addition, it is noted that the applicant does not hold a valid Canadian aviation document and that the certificate of insurance on file with Agency was cancelled on December 18, 1997.
The Agency has reviewed the application and the material in support thereof and has determined that the applicant does not hold a valid Canadian aviation document and does not have the prescribed liability insurance coverage. Accordingly, the Agency is not satisfied that the applicant has complied with the requirements of paragraph 61(a) of the CTA. Consequently, the application by British Columbia Mountain Helicopters is hereby denied.
- Date modified: