Order No. 1996-A-355

August 29, 1996

File No. M4895/H107-9-1

WHEREAS under NTA Licence No. 951236, HPH Aviation, Inc. (hereinafter the Licensee) is authorized to operate a Class 9-4 Charter non-scheduled international service between points in Canada and points in the U.S.A.;

AND WHEREAS by Diplomatic Note No. 204 dated June 25, 1996, the designation of the Licensee, pursuant to the provisions of the Air Transport Agreement between the Government of Canada and the Government of the United States of America, was withdrawn by the United States Government;

AND WHEREAS on July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) came into effect. Pursuant to section 195 of the CTA and to the Discontinuance and Continuance of Proceedings Order, 1996, SOR/96-383, proceedings relating to certain matters before the National Transportation Agency, prior to the coming into effect of section 195, shall be dealt with by the Canadian Transportation Agency (hereinafter the Agency), pursuant to the provisions of the CTA. This proceeding is included in the Order as a matter to be dealt with pursuant to the provisions of the CTA;

AND WHEREAS the Agency has determined that the Licensee does not meet the requirements of paragraph 73(2)(a) of the CTA;

AND WHEREAS pursuant to paragraph 75(1)(b) of the CTA, the Agency must suspend or cancel a non-scheduled international licence where the Agency has made such a determination;

AND WHEREAS the Agency is of the opinion that in the present circumstances Licence No. 951236 should be cancelled.

NOW THEREFORE, IT IS ORDERED THAT:

Licence No. 951236 is hereby cancelled pursuant to paragraph 75(1)(b) of the CTA.