Decision No. 605-A-2008

Licence is cancelled effective March 5, 2009

December 5, 2008

File No. M4210/A491-1

Atai Air Charters Ltd. (the Licensee) has applied to the Canadian Transportation Agency (the Agency) for the suspension set out in the title. The application was received on December 1, 2008.

Under Licence No. 962251, the Licensee is authorized to operate a domestic service, small aircraft.

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

In Order No. 2006-A-501 dated September 29, 2006, Licence No. 962251 was suspended at the request of the Licensee pursuant to paragraph 63(2)(b) of the CTA. Pursuant to that Order, the Licensee was provided with a period of one year from the date of the Order to file an application to reinstate the said licence. The Order 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) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence No. 962251 should not be cancelled pursuant to subsection 63(1) of the CTA.

In Decision 566-A-2007 dated November 5, 2007, Licence No. 962251 was again suspended at the request of the Licensee pursuant to paragraph 63(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 61(a)(i), (ii) or (iii) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence No. 962251 should not be cancelled pursuant to subsection 63(1) of the CTA.

In its response to Decision No. 566-A-2007, the Licensee requests another suspension of Licence No. 962251.

The Licensee continues to not meet the requirements of subparagraphs 61(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 suspends Licence No. 962251. In addition, the Licensee is provided with ninety (90) days to meet the requirements of subparagraphs 61(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 No. 962251 without further notice.

This Decision shall be affixed to Licence No. 962251.

Members

• Raymon J. Kaduck
• Jean-Denis Pelletier, ing./P. Eng.