Decision No. 46-A-2008

Decision modified by Decision No. 231-A-2008 and licences are cancelled effective November 1, 2008

January 31, 2008

APPLICATION by AllCanada Express Inc. for another suspension of Licence Nos. 030016 and 030017.

File Nos. M4210/A955-1
M4210/A955-2

AllCanada Express Inc. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on November 15, 2007.

Under Licence No. 030016, the Licensee is authorized to operate a domestic service, all-cargo aircraft.

Under Licence No. 030017, the Licensee is authorized to operate a non-scheduled international service, all-cargo aircraft, to transport traffic on a charter basis between Canada and any other country.

Pursuant to paragraphs 63(2)(b) and 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (hereinafter the CTA), the Agency may suspend or cancel a domestic licence and a non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.

In Decision No. 695-A-2005 dated November 29, 2005, Licence Nos. 030016 and 030017 were suspended at the request of the Licensee pursuant to paragraphs 63(2)(b) and 75(2)(b) of the CTA. Pursuant to that Decision, the Licensee was provided with a period of one year from the date of the Decision to file an application to reinstate the said licences. The Decision also provided that if the application for reinstatement was not filed, or the Licensee did not meet any of the requirements of subparagraphs 61(a)(i), (ii) or (iii) and 73(1)(a)(i), (ii) or (iii) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence Nos. 030016 and 030017 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

In Decision No. 710-A-2006 dated December 27, 2006, Licence Nos. 030016 and 030017 were again suspended at the request of the Licensee pursuant to paragraphs 63(2)(b) and 75(2)(b) of the CTA. Pursuant to that Decision, the Licensee was provided with a period of one year from the date of the Decision to file an application to reinstate the said licences. The Decision also provided that if the application for reinstatement was not filed, or the Licensee did not meet any of the requirements of subparagraphs 61(a)(i), (ii) or (iii) and 73(1)(a)(i), (ii) or (iii) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence Nos. 030016 and 030017 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

In its response to Decision No. 710-A-2006, the Licensee requests that Licence Nos. 030016 and 030017 be suspended for another year.

The Licensee continues to not meet the requirements of subparagraphs 61(a)(ii) and (iii) and 73(1)(a)(ii) and (iii) of the CTA.

In this regard, the Agency's practice has been to allow numerous successive suspensions of a licence on request from a licensee. This practice has resulted in an administrative burden given the requirement to maintain records of all applications and licence holders whether or not they operate an air service. The existing licence issuance requirements are straightforward. Therefore, at any time, when an applicant meets these requirements, it may submit an application and a licence will be issued.

The Agency has considered the application and in light of the above considerations hereby suspends Licence Nos. 030016 and 030017. In addition, the Licensee is hereby provided with ninety (90) days to meet the requirements of subparagraphs 61(a)(ii) and (iii) and 73(1)(a)(ii) and (iii) of the CTA. Failure by the Licensee to establish to the satisfaction of the Agency within the aforementioned time frame that it meets these requirements will result in the cancellation of Licence Nos. 030016 and 030017 without further notice.

This Decision shall be affixed to Licence Nos. 030016 and 030017.

Members

• Geoffrey C. Hare
• John Scott