Decision No. 471-A-2002

August 23, 2002

August 23, 2002

APPLICATION by Air Ukraine to reinstate Licence Nos. 977400 and 970193.

File Nos. M4212/A556-2
M4212/A556-3-1Docket Nos. 020528
020529


On April 26, 2002, Air Ukraine (hereinafter the Licensee) applied to the Canadian Transportation Agency (hereinafter the Agency) for the reinstatement of Licence Nos. 977400 and 970193.

By Decision No. 641-A-2001 dated December 11, 2001, Licence No. 977400, which authorizes the Licensee to operate a non-scheduled international service to transport traffic on a charter basis between points in Ukraine and points in Canada, and Licence No. 970193, which authorizes the Licensee to operate a scheduled international service on the route(s) set out in the Agreement between the Government of Canada and the Government of Ukraine signed on January 28, 1999, were suspended pursuant to paragraphs 72(2)(b) and 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter 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. If, at that time, upon consideration of the application, the Agency determined that the Licensee met the requirements of subparagraphs 69(1)(a), 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, which provide that the Licensee must be designated by its government to operate the air services, must hold documents issued by its government that are equivalent to scheduled and non-scheduled international licences issued by the Agency, must hold a Canadian aviation document, and must have prescribed liability insurance coverage, the Agency would reinstate Licence Nos. 977400 and 970193.

Alternatively, one year from the date of that Decision, if the application for reinstatement was not filed or the Licensee did not meet any of the requirements of subparagraphs 69(1)(a), 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee would be provided an additional thirty (30) days to show cause why Licence Nos. 977400 and 970193 should not be cancelled pursuant to subsection 72(1) and paragraph 75(1)(b) of the CTA.

By letters dated April 29, May 30 and June 27, 2002, Agency staff advised the applicant that its application was incomplete and outlined the missing information and documentation.

By letter dated July 11, 2002, 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 one hundred and twenty days to process its application. The applicant did not reply to this letter.

Agency staff has been unsuccessful in its numerous attempts to obtain the required information from the applicant in order to complete the processing of the application.

The Agency has considered the application and finds that the Licensee does not have the prescribed liability insurance coverage. The Agency is therefore not satisfied that the Licensee meets the requirement of subparagraphs 69(1)(a)(iii) and 73(1)(a)(iii) of the CTA. Accordingly, the Agency hereby denies the Licensee's application for reinstatement of Licence Nos. 977400 and 970193.

Date modified: