Decision No. 8-A-2006

Licence is cancelled effective April 5, 2006

January 5, 2006

File No. M4210/W159-1

Rental Sales and Leasing Limited carrying on business as Wentair (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 September 9, 2005.

Under Licence No. 962263, 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 (hereinafter 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 its Decision No. 335-A-2003 dated June 9, 2003, Licence No. 962263 was 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. 962263 should not be cancelled pursuant to subsection 63(1) of the CTA.

In its Decision No. 422-A-2004 dated August 4, 2004, Licence No. 962263 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. 962263 should not be cancelled pursuant to subsection 63(1) of the CTA.

In its response to Decision No. 422-A-2004 dated August 4, 2004, the Licensee requests that Licence No. 962263 be suspended for another year.

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 hereby suspends Licence No. 962263 for a period of ninety (90) days from the date of this Decision. In addition, the Licensee is hereby 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. 962263 without further notice.

Members

• Mary-Jane Bennett
• Beaton Tulk