Order No. 1997-A-736
December 15, 1997
IN THE MATTER OF the operation of a domestic service and a non-scheduled international service by Canair Cargo Ltd. carrying on business as Canair Cargo and/or Canair and/or Nolinor - Licence Nos. 972244 and 977404.
File Nos. M4210/C397-1
M4210/C397-2
Under Licence No. 972244, Canair Cargo Ltd. carrying on business as Canair Cargo and/or Canair and/or Nolinor (hereinafter the Licensee) is authorized to operate a domestic service, medium aircraft and a domestic service, large aircraft.
Under Licence No. 977404, the Licensee is authorized to operate a non-scheduled international service, medium aircraft, and a non-scheduled international service, large aircraft, to transport traffic on a charter basis between Canada and any other country.
Transport Canada has advised the Canadian Transportation Agency (hereinafter the Agency) that the Canadian aviation document of the Licensee has been suspended.
Pursuant to subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Licensee must establish to the satisfaction of the Agency that it holds a valid Canadian aviation document issued by the Minister of Transport in respect of the services to be provided under the licences.
The Agency has determined that, in respect of the services for which the licences were issued, the Licensee ceases to meet the requirement of subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the CTA.
Pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, the Agency must suspend or cancel a domestic licence and a non-scheduled international licence where the Agency has made such a determination.
The Agency is of the opinion that in the present circumstances it should suspend immediately the said licences and require the Licensee to show cause why the said licences should not be cancelled.
Accordingly, the Agency, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, hereby suspends Licence Nos. 972244 and 977404.
In addition, the Licensee is hereby required to show cause within thirty (30) days from the date of this Order why the said licences should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.
This Order shall form part of Licence Nos. 972244 and 977404 and shall remain affixed thereto as long as the said Order is in force.
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