Decision No. 47-A-2008

Licence is cancelled effective April 30, 2008

January 31, 2008

APPLICATION by Gibson Aviation, Incorporated for another suspension of Licence No. 967494.

File No. M4211/G21-2

Gibson Aviation, Incorporated (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 27, 2007.

Pursuant to Licence No. 967494, the Licensee is authorized to operate charter flights in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.

Pursuant to paragraph 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 non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.

In Decision No. 519-A-2005 dated August 16, 2005, Licence No. 967494 was suspended at the request of the Licensee pursuant to paragraph 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 licence. 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 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence No. 967494 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.

In Decision No. 536-A-2006 dated October 3, 2006, Licence No. 967494 was again suspended at the request of the Licensee pursuant to paragraph 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 licence. 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 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence No. 967494 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.

In its response to Decision No. 536-A-2006, the Licensee requests that Licence No. 967494 be suspended for another year.

The Licensee continues to not meet the requirements of subparagraphs 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 No. 967494. In addition, the Licensee is hereby provided with ninety (90) days to meet the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) 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 No. 967494 without further notice.

This Decision shall be affixed to Licence No. 967494.

Members

• Geoffrey C. Hare
• John Scott