TC rights
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wondering?
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TC rights
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.
Re: TC rights
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?
Is there a reason you don't want TC to see them?
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
Re: TC rights
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
Re: TC rights
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.
Re: TC rights
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?
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wondering?
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Re: TC rights
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
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
Re: TC rights
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.
It's tough to know how much to resist or argue about what seems to be an unreasonable request/interpretation.
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
“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
Re: TC rights
CAR103.02 is reasonably explicit.
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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wondering?
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Re: TC rights
Thanks Photofly,
I'd say that answered my question. Seems they can ask if it's related to the aviation business.
I'd say that answered my question. Seems they can ask if it's related to the aviation business.
Re: TC rights
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.wondering? wrote:Thanks Photofly,
I'd say that answered my question. Seems they can ask if it's related to the aviation business.
If the Canada Revenue Agency asks however then you better cough up...
Re: TC rights
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.
Re: TC rights
What reasons?Heliian wrote: There are many reasons why they would in any type of operation.
Re: TC rights
Rockie wrote:What reasons?Heliian wrote: There are many reasons why they would in any type of operation.
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.
As an AvCanada discussion grows longer:
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
- HiFlyChick
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Re: TC rights
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.
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.
Re: TC rights
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.
Re: TC rights
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.
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goingnowherefast
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Re: TC rights
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.




