Order No. 2002-A-21

The suspension is no longer in effect by Decision No. 64-A-2002

January 11, 2002

File Nos. M4212/T306-3-1
M4212/T306-2

Under Licence No. 975126, Transportes Aéreos Portugueses, S.A. carrying on business as TAP, S.A., TAP-Air Portugal, Air Portugal and TAP (hereinafter the Licensee) is authorized to operate a scheduled international service on the route(s) set out in the Agreement between the Government of Canada and the Government of Portugal on Air Transport signed on April 10, 1987.

Under Licence No. 977279, the Licensee is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in Portugal and points in Canada.

By Order No. 2001-A-528 dated November 15, 2001, Licence Nos. 975126 and 977279 were suspended pursuant to subsection 72(1) and 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 provided with a period of thirty (30) days from the date of the Order to show cause why Licence Nos. 975126 and 977279 should not be cancelled pursuant to subsection 72(1) and paragraph 75(1)(b) of the CTA.

In response to the Order, the Licensee has requested a suspension of its licences.

Pursuant to paragraphs 72(2)(b) and 75(2)(b) of the CTA, the Agency may suspend or cancel a scheduled international licence and a non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.

The Agency has considered the matter and, pursuant to paragraphs 72(2)(b) and 75(2)(b) of the CTA, hereby suspends Licence Nos. 975126 and 977279.

To reinstate the suspended licences, the Licensee is provided with a period of one year from the date of this Order to file an application to that effect. If, at that time, upon consideration of the application, the Agency determines that the Licensee meets the requirements of paragraph 69(1)(a), subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, which provide that the Licensee must be designated by its government to operate the air services, must hold documents issued by its government that are equivalent to scheduled and non-scheduled international licences issued by the Agency, must hold a Canadian aviation document and must have prescribed liability insurance coverage, the licences shall be reinstated.

Alternatively, one year from the date of this Order, if the application for reinstatement is not filed or the Licensee ceases to meet any of the requirements of paragraph 69(1)(a), subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence Nos. 975126 and 977279 should not be cancelled pursuant to subsection 72(1) and paragraph 75(1)(b) of the CTA.

This Order shall be affixed to Licence Nos. 975126 and 977279 and the suspension of the licences shall remain in effect until further order of the Agency.