Decision No. 427-A-2011

British Columbia Helicopters Ltd. (applicant) has applied to the Canadian Transportation Agency (Agency) for a licence to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.

The Agency is satisfied that the applicant meets all the applicable requirements of paragraph 73(1)(a) of the Canada Transportation Act (CTA).

In order for a licence to be issued, the Agency must also be satisfied, as provided for in paragraph 73(1)(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.

With respect to this application, the applicant filed an affidavit pointing out that it had operated and offered for sale a service without holding a licence issued by the Agency, thereby contravening section 59 of the CTA.

The applicant states that it operated only one flight to the United States of America in the preceding twelve months. The applicant advises that it operated this international charter flight to transport a client from which it leases its aircraft.

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

The Agency reviewed the application and finds that the operation of the non-scheduled international flight without holding a licence was not a willful attempt to avoid compliance with the legislation and regulatory requirements.

The Agency notes that the applicant holds a licence that authorizes it to operate a domestic service, small aircraft and that it was forthright in admitting its error to the Agency. The Agency also notes that the applicant ceased to contravene section 59 of the CTA as soon as it was made aware of the contravention.

In light of the foregoing, the Agency will not refuse to issue a licence to the applicant even though it contravened section 59 of the CTA. However, the applicant should be aware that the Agency considers contraventions of provisions of the CTA or the Air Transportation Regulations, SOR/88-58, as amended (ATR) to be serious and may take punitive action should any such contraventions occur in the future.

Accordingly, the Agency approves the application for a licence to operate a non-scheduled international service, small aircraft.

Pursuant to subsection 74(1) of the CTA, the licence is subject to the conditions prescribed by the ATR, and the following condition:

The Licensee is authorized to transport traffic on a charter basis between Canada and any other country.