Order No. 2002-A-114
March 15, 2002
IN THE MATTER OF the operation of a non-scheduled international service by Kitty Hawk Charters, Inc. doing business as Kalitta Flying Service - Licence No. 967584.
File No. M4211/K104-2
Under Licence No. 967584, Kitty Hawk Charters, Inc. doing business as Kalitta Flying Service (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.
Transport Canada has advised the Canadian Transportation Agency (hereinafter the Agency) that the Canadian aviation document of the Licensee has been cancelled.
Pursuant to subparagraph 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 service to be provided under the licence.
The Agency has determined that, in respect of the service for which the licence was issued, the Licensee ceases to meet the requirement of subparagraph 73(1)(a)(ii) of the CTA.
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 is of the opinion that in the present circumstances it should suspend immediately the said licence and provide the Licensee with a period of thirty (30) days to show cause why the said licence should not be cancelled.
Accordingly, the Agency, pursuant to paragraph 75(1)(b) of the CTA, hereby suspends Licence No. 967584.
In addition, the Licensee is hereby provided with a period of thirty (30) days from the date of this Order to show cause why the said licence should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.
This Order shall be affixed to Licence No. 967584 and the suspension of the licence shall remain in effect until further order of the Agency.
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