Determination No. A-2017-105
APPLICATION by Sky One Holdings, LLC carrying on business as Privaira (applicant) of Boca Raton, Florida, United States of America, pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA).
The applicant has applied to the Canadian Transportation Agency (Agency) for a licence to operate a non-scheduled international service in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007 (Agreement).
The Agency is satisfied that the applicant meets all the applicable requirements of subsection 73(2) of the CTA. The Agency also finds that the pertinent terms and conditions of the Agreement have been complied with.
In order for a licence to be issued, the Agency must also be satisfied, as provided for in paragraph 73(1)(b) of the CTA, that the applicant has not contravened section 59 of the CTA within the preceding twelve months.
Section 59 of the CTA states that no person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under Part II of the CTA, a person holds a licence under that Part in respect of that service and that licence is not suspended.
As part of its application, the applicant submitted a letter in which it addressed the circumstances that it believes led it to unknowingly contravene section 59 of the CTA.
The Agency notes that, due to a change in staff, the applicant was unaware that suspension Order No. 2016-A-97 dated July 5, 2016 had been sent.
The applicant advises that the contravention was not intentional and hopes it has rectified the situation.
The Agency finds that the applicant has contravened section 59 of the CTA.
The Agency, pursuant to subsection 79(2) of the CTA, has discretion to issue a licence notwithstanding the contravention.
The Agency notes that after being informed that it required a licence, the applicant filed an application with the Agency.
The Agency has considered this matter and will not refuse to issue a licence to the applicant even though it contravened section 59 of the CTA.
Accordingly, the Agency issues the licence.
Pursuant to subsection 74(1) of the CTA, the licence is subject to the conditions prescribed by the Air Transportation Regulations, SOR/88-58, as amended, and the following conditions:
- The Licensee is authorized to operate charter flights in accordance with Annex III of the Agreement.
- The Licensee is prohibited from carrying local traffic between points in Canada.
- The non-scheduled international service is to be conducted in accordance with the Agreement and any applicable arrangements agreed to between Canada and the United States of America.
The Agency refers this matter to the designated enforcement officer for any action that may be deemed appropriate pursuant to section 180 of the CTA.