Decisions

CAT File No. C-1040-10
MoT File No. 5258-6999

CIVIL AVIATION TRIBUNAL

BETWEEN:

J. F. Duncanson /c/o/b Tikinagan Air, Applicant

- and -

Minister of Transport, Respondent

LEGISLATION:
Aeronautics Act, R.S.C. 1985, c. A-2, s. 7.1(1)(b)

Cancellation of an operating certificate


Review Determination
Gordon R. Mitchell


Decision: October 10, 1997

I confirm the Minister's decision to cancel the Operating Certificate of Jack F. Duncanson c/o/b Tikinagan Air for the reasons shown in the Notice of Cancellation.

A Review Hearing was held on the above entitled matter Tuesday, September 16, 1997 at 10:00 hours in the Federal Court of Canada, Winnipeg, Manitoba.

NOTICE OF CANCELLATION

The Notice of Cancellation relating to Operating Certificate No. 8458 made out to Jack F. Duncanson c/o/b Tikinagan Air reads in part:

Pursuant to paragraph 7.1(1)(b) of the Aeronautics Act, the Minister of Transport has decided to cancel your Operating Certificate indicated above, in whole, for the following reasons:

Tikinagan Air no longer meets the conditions subject to which the document was issued.

This cancellation came into effect April 27, 1995.

OVERVIEW

Mr. Jack F. Duncanson carrying on business as Tikinagan Air had his Operating Certificate cancelled by the Minister on April 27, 1995 as the operation no longer met the conditions subject to which the document was issued.

Some background on this file follows:

May 8, 1995 

Request for Review acknowledged by Tribunal Registry.

May 8, 1995 – April 1996

File deferred at the request of Mr. Duncanson. He was not ready to proceed.

April 1996 – March 1997

File deferred at the request of Mr. Duncanson. He was waiting for the Canadian Aviation Regulations (CARS) to be released.

April 3, 1997 

Teleconference call with Mr. Pearson, Mr. Duncanson and Inspector Pratt, TC.

April 4, 1997 

Mr. Pearson wrote the Tribunal Registry after the conference call indicating that Mr. Duncanson had confirmed that he would apply for a new Operating Certificate and that he would withdraw the present application and would not proceed further at this time.

April 4, 1997

Mr. Duncanson still wishes to proceed with the Review Hearing. A Hearing date was scheduled.

EVIDENCE

The Minister's witness, Inspector T.R. Davis, was called and sworn. Inspector Davis is the Regional Superintendent of Certification in the Central Region, and he had reviewed the Operating Certificate for Jack F. Duncanson, Tikinagan Air which had been cancelled on April 27, 1995.

Exhibit M-1 Copy of cancelled Operating Certificate No. 8458, which had been that of Jack F. Duncanson, Tikinagan Air.

Exhibit M-2 Copy of Notice of Suspension for Jack F. Duncanson c/o/b Tikinagan Air, dated October 24, 1994. This document indicates "Tikinagan Air no longer meets the conditions subject to which the document was issued.... 1. Tikinagan Air no longer has qualified management personnel as required by Air Navigation Order Series VII, No. 3, para. 5(1)(b) and (c). 2. Tikinagan Air does not have an aircraft registered in the commercial category pursuant to Air Regulation 700."

Exhibit M-3 Copy of Notice of Cancellation of Operating Certificate of Jack F. Duncanson c/o/b Tikinagan Air as the company no longer met the required conditions.

Exhibit M-4 Copy of an Interoffice Memorandum from Don McDonald dated June 6, 1995 relating to suspension of Tikinagan Air.

Exhibit M-5 Copy of Chapter 7: Cancellation and/or Suspension

Mr. Duncanson was asked if he wished to question the Minister's witness, and he declined. He referred to Hinterland Air Ltd. which he stated was one and the same as Tikinagan Air. It was pointed out that the subject to be dealt with at this Hearing was the cancellation of the Operating Certificate for Tikinagan Air.

Mr. Duncanson then elected to be sworn in to present testimony on his own behalf. It was apparent from his statement that he felt he had not been treated properly by Transport Canada, first with Hinterland Air which at this time has not been in operation for some five years and then following that with Tikinagan Air which he also owned.

In answer to Inspector Davis's reference to the Notice of Suspension that refers to Tikinagan Air no longer having qualified management personnel, Mr Duncanson presented the following:

Exhibit D-6 An Organization Chart showing Jack Duncanson as Director, Maintenance Coordinator and Operations Manager. Mr. Duncanson said he also qualified as Chief Pilot.

Exhibit D-7 Copy of a lease agreement between Tikinagan Air and Wild Country Airways Ltd. from October 1, 1994 to October 1, 1995 for aircraft C-GZIS.

Exhibit D-8 A letter to the Tribunal Registrar signed by Mr. Duncanson on April 27, 1992 cancelling the application by Hinterland Air Ltd. for a Review Hearing in Winnipeg on April 29, 1992.

On completion of Mr. Duncanson's testimony, Inspector Pratt questioned him extensively in relation to Tikinagan Air personnel particularly as to the date his chief pilot had resigned. This date corresponded with October 24, 1994, the date of Tikinagan Air's suspension.

The chief pilot's resignation bears out the reason for the suspension.

CONCLUSION

The suspension and the following cancellation of Mr. Duncanson's Operating Certificate are for reasons set out in the Notice of Cancellation which states that "Tikinagan Air no longer meets the conditions subject to which the document was issued."

Tikinagan Air did not have the qualified management personnel required, nor did they have a commercially registered aircraft on their Operating Certificate.

At the time of the Review Hearing, Mr. Duncanson had not reapplied for an Operating Certificate as mentioned in Mr. Pearson's letter of April 4, 1997 to the Tribunal Registrar.

DETERMINATION

I confirm the Minister's decision to cancel the Operating Certificate of Jack F. Duncanson c/o/b Tikinagan Air for the reasons shown in the Notice of Cancellation.

Gordon R. Mitchell
Member
Civil Aviation Tribunal