Order No. 2000-A-230

June 29, 2000

June 29, 2000

IN THE MATTER OF the operation of a domestic service and a non-scheduled international service by Day Airways Limited - Licence Nos. 962273 and 967076.

File Nos. M4210/D44-1
M4210/D44-2


Under Licence No. 962273, Day Airways Limited (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft.

Under Licence No. 967076, the Licensee is authorized to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.

By Order No. 2000-A-164 dated May 17, 2000, Licence Nos. 962273 and 967076 were suspended pursuant to subsection 63(1) and paragraph 75(1)(a) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), for failure by the Licensee to file with the Canadian Transportation Agency (hereinafter the Agency) a valid certificate of insurance. The Licensee was provided with a period of thirty (30) days from the date of the Order to show cause why Licence Nos. 962273 and 967076 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

To date the Licensee has failed to either file with the Agency the required certificate of insurance or to show cause why its licences should not be cancelled.

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)(iii) and 73(1)(a)(iii) 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 has considered the matter and, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, hereby cancels Licence Nos. 962273 and 967076.

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