Decision No. 87-A-2007

Licence is cancelled effective May 23, 2007

February 22, 2007

File Nos. M4210/A85-1
M4210/A85-2

Armbuster Industries Inc. carrying on business as Air Conquest (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 February 8, 2007.

Under Licence No. 962172, the Licensee is authorized to operate a domestic service, small aircraft.

Under Licence No. 967020, the Licensee is authorized to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.

Pursuant to paragraphs 63(2)(b) and 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Agency may suspend or cancel a domestic licence and a non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.

Licence Nos. 962172 and 967020 have been suspended since September 22, 2003 at the request of the Licensee pursuant to Order No. 2003-A-497 dated September 22, 2003, Decision No. 604-A-2004 dated November 8, 2004 and Decision No. 4-A-2006 dated January 4, 2006.

In its most recent Decision No. 4-A-2006, Licence Nos. 962172 and 967020 were suspended at the request of the Licensee pursuant to paragraphs 63(2)(b) and 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 licences. 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) and 73(1)(a)(i), (ii) or (iii) of the CTA, the Licensee would be provided with an additional thirty (30) days to show cause why Licence Nos. 962172 and 967020 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

In its response to Decision No. 4-A-2006, the Licensee requests that Licence Nos. 962172 and 967020 be suspended for another year.

The Licensee continues to not meet the requirements of subparagraphs 61(a)(ii) and (iii) and 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 Nos. 962172 and 967020. In addition, the Licensee is hereby provided with ninety (90) days to meet the requirements of subparagraphs 61(a)(ii) and (iii) and 73(1)(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 Nos. 962172 and 967020 without further notice.

This Decision shall be affixed to Licence Nos. 962172 and 967020 and the suspension of the licences shall remain in effect until further order of the Agency.

Members

• Raymon J. Kaduck
• Mary-Jane Bennett