TC rights

This forum has been developed to discuss aviation related topics.

Moderators: lilfssister, North Shore, sky's the limit, sepia, Sulako, I WAS Birddog

Post Reply
wondering?
Rank 1
Rank 1
Posts: 16
Joined: Thu Mar 26, 2015 3:11 pm

TC rights

Post by wondering? »

Just curious if TC can ask for your company financial information? I overheard one of our office staff say that last time TC came through they asked for our invoicing from flights we had done. Is that within their rights? I would think not but maybe I don't know the true extent of their powers haha.
---------- ADS -----------
 
photofly
Top Poster
Top Poster
Posts: 11306
Joined: Tue Jan 18, 2011 4:47 pm
Location: Hangry and crankypated

Re: TC rights

Post by photofly »

They're entirely within their rights to ask; the question is, if you say no, do they have any enforcement powers? Probably not: invoices are not "aviation documents", I think. But if they ask with enough "government attitude" most companies would just roll over.

Is there a reason you don't want TC to see them?
---------- ADS -----------
 
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
86583
Rank 2
Rank 2
Posts: 68
Joined: Thu Dec 28, 2006 10:02 pm
Location: westcoast

Re: TC rights

Post by 86583 »

In most cases its to ensure your logging all your flights... You never fail to bill the customer, but sometimes you forget to write the trip in the log book
---------- ADS -----------
 
fish4life
Rank 10
Rank 10
Posts: 2555
Joined: Sun Jun 27, 2010 6:32 am

Re: TC rights

Post by fish4life »

Also depending on the operation transport might be wondering how the 2000lbs of cargo the customer drops off and gets billed for turns into 1700lbs on the plane.
---------- ADS -----------
 
User avatar
185_guy
Rank 6
Rank 6
Posts: 443
Joined: Sun Feb 15, 2004 7:30 pm
Location: Where my skidoo broke down

Re: TC rights

Post by 185_guy »

I don't know about the rights of TC to see financial info, but I do believe there is a branch of the Gov, the CTA maybe, who can look at your invoices. Company's have a set Tariff to charge according to, do they not?
---------- ADS -----------
 
wondering?
Rank 1
Rank 1
Posts: 16
Joined: Thu Mar 26, 2015 3:11 pm

Re: TC rights

Post by wondering? »

No reason why we wouldn't want them to see them that I can think of. I don't deal with the finances. I just thought it was a weird request and beyond their jurisdiction. I am new to the business so wasn't sure if that was common practice. Seems to me its sort of like the CRA asking to see your logbook..or something like that.

Just for my curiosity's sake, is there anywhere that it clearly explains TC's authority. Anywhere specific beyond where a new pilot would have looked through? Like I said, I am new to the business side so am not fully versed in all the minutia of TC.

Thanks for any responses
---------- ADS -----------
 
User avatar
5x5
Rank (9)
Rank (9)
Posts: 1570
Joined: Sun Feb 15, 2004 7:30 pm

Re: TC rights

Post by 5x5 »

Unfortunately there is no clear, concise document that lists TC's authority. That's the primary reason that operators run into issues with them. As an operator you don't know for sure where the line is and as a TC employee they don't know for sure either. So when there is doubt about something that TC says or asks, you have to search through CARs for an appropriate reference but there often is room for interpretation. So even when you think you have it figured out, someone else can come along with a different interpretation and you're still in a bit of limbo.

It's tough to know how much to resist or argue about what seems to be an unreasonable request/interpretation.
---------- ADS -----------
 
Being stupid around airplanes is a capital offence and nature is a hanging judge!

“It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so.”
Mark Twain
photofly
Top Poster
Top Poster
Posts: 11306
Joined: Tue Jan 18, 2011 4:47 pm
Location: Hangry and crankypated

Re: TC rights

Post by photofly »

CAR103.02 is reasonably explicit.
---------- ADS -----------
 
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
wondering?
Rank 1
Rank 1
Posts: 16
Joined: Thu Mar 26, 2015 3:11 pm

Re: TC rights

Post by wondering? »

Thanks Photofly,

I'd say that answered my question. Seems they can ask if it's related to the aviation business.
---------- ADS -----------
 
Rockie
Top Poster
Top Poster
Posts: 8433
Joined: Sat Oct 08, 2005 7:10 am

Re: TC rights

Post by Rockie »

wondering? wrote:Thanks Photofly,

I'd say that answered my question. Seems they can ask if it's related to the aviation business.
I don't think so. Transport Canada is responsible for the safety of the travelling public, and their interest is in training, airworthiness and operational matters. I fail to see how invoicing has anything to do with safety or even remotely approaching their area of expertise or responsibility, and you would be within your rights to ask them to justify the request with something other than 103.02. If the Canadian Transportation Agency (CTA) asked that might be a different matter, but still I don't see how.

If the Canada Revenue Agency asks however then you better cough up...
---------- ADS -----------
 
Heliian
Rank (9)
Rank (9)
Posts: 1976
Joined: Wed Apr 29, 2009 2:14 pm

Re: TC rights

Post by Heliian »

If you are a commercial operator, they have every "right" to ask for your invoices. There are many reasons why they would in any type of operation. You can go ahead and refuse anything they ask you but it'll just make your job harder.
---------- ADS -----------
 
Rockie
Top Poster
Top Poster
Posts: 8433
Joined: Sat Oct 08, 2005 7:10 am

Re: TC rights

Post by Rockie »

Heliian wrote: There are many reasons why they would in any type of operation.
What reasons?
---------- ADS -----------
 
digits_
Top Poster
Top Poster
Posts: 6901
Joined: Mon Feb 14, 2011 2:26 am

Re: TC rights

Post by digits_ »

Rockie wrote:
Heliian wrote: There are many reasons why they would in any type of operation.
What reasons?



In most cases its to ensure your logging all your flights... You never fail to bill the customer, but sometimes you forget to write the trip in the log book
Also depending on the operation transport might be wondering how the 2000lbs of cargo the customer drops off and gets billed for turns into 1700lbs on the plane.
---------- ADS -----------
 
As an AvCanada discussion grows longer:
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
User avatar
HiFlyChick
Rank 5
Rank 5
Posts: 386
Joined: Fri Aug 06, 2010 8:27 am

Re: TC rights

Post by HiFlyChick »

The CTA would have the right, for sure, because you can't charge more than what you've published in your tariff.

Probably TC's authority in that regard is defined in a Staff Instruction (SI) or supplemental Staff Instruction (SSI), which they used to publish on their web site along with all the other guidance material (CBAACs, ACs, Policy Letters, etc). They recently yanked most/all of that, probably because their own inspectors weren't following it.

If it bothers you, you could always asks them directly why they want the data and what guidance material they are following in doing so.
---------- ADS -----------
 
Rockie
Top Poster
Top Poster
Posts: 8433
Joined: Sat Oct 08, 2005 7:10 am

Re: TC rights

Post by Rockie »

Well, that sounds reasonable. They're not interested in financials, only in that flight records are not being omitted and this is one way of achieving that. I hadn't thought of that aspect.
---------- ADS -----------
 
lazyeight
Rank 3
Rank 3
Posts: 169
Joined: Fri May 20, 2016 10:41 am

Re: TC rights

Post by lazyeight »

In my experience outside of aviation if you're being audited, have everything all waiting in a nice pile... organized and ready to go through. That alone can turn a planned week long audit into a 2-3 day audit. I don't see how it would be any different with TC. Make it easy to search through, and have everything available to them so they don't even need to ask where "X" is.
---------- ADS -----------
 
goingnowherefast
Rank 10
Rank 10
Posts: 2427
Joined: Wed Mar 13, 2013 9:24 am

Re: TC rights

Post by goingnowherefast »

If you don't have anything to hide, what's the problem? I don't think any inspectors are planning on leaving their cushy government job to start up a competing 703 using your financial info from an audit 3 months ago.
---------- ADS -----------
 
Post Reply

Return to “General Comments”