Decision No. 487-A-2004

September 15, 2004

File No. M4210/B291-1

Buffalo Aerial Services Ltd. (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 May 17, 2004.

In order to obtain a licence to operate a domestic service, 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 CTA.

By letters dated May 25, 2004, July 28, 2004, and August 17, 2004 Agency staff advised the applicant that its application was incomplete and outlined the missing information and documentation.

Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter the CTA), the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension.

By letter dated September 7, 2004, 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 the one hundred and twenty days to process its application. The applicant did not reply to this letter.

The Agency has considered the material filed to date in support of the application and notes that the applicant has not established to the satisfaction of the Agency that it is Canadian as that term is defined in subsection 55(1) of the CTA. The Agency is therefore not satisfied that the applicant meets the requirement of subparagraph 61(a)(i) of the CTA. Accordingly, the application by Buffalo Aerial Services Ltd. is hereby denied.