Order No. 2000-A-81

March 9, 2000

File No. M4211/S14-2

Under Licence No. 967680, Empire Aero Services, Inc. doing business as Sair Aviation (hereinafter the Licensee) is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada.

By Order No. 2000-A-6 dated January 11, 2000, Licence No. 967680 was suspended pursuant to paragraph 75(1)(b) 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 required to show cause why Licence No. 967680 should not be cancelled pursuant to paragraph 75(1)(b) 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 licence should not be cancelled.

The Agency has determined that, in respect of the service for which the licence was issued, the Licensee does not meet the requirement of subparagraph 73(1)(a)(iii) of the CTA.

In addition, the Agency notes that 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the Government of Canada and the Government of the United States of America signed on February 24, 1995, has been withdrawn by the Government of the United States of America by Diplomatic Note No. 124 dated February 23, 2000. As a result, the Agency is of the opinion that without such designation, the document issued to the Licensee by its government in respect of the service to be provided thereunder is no longer valid for operations between the United States of America and Canada and, therefore, is no longer equivalent to non-scheduled international Licence No. 967680.

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.

The Agency has considered the matter and, pursuant to paragraph 75(1)(b) of the CTA, hereby cancels Licence No. 967680.