Order No. 2002-A-22

January 11, 2002

File Nos. M4210/N29-1
M4210/N29-2

Under Licence No. 962212, Nighthawk Flying Club Inc. (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft.

Under Licence No. 967039, 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. 2001-A-553 dated November 27, 2001, Licence Nos. 962212 and 967039 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 hold a valid Canadian aviation document. The Licensee was provided with a period of thirty (30) days from the date of the Order to show cause why Licence Nos. 962212 and 967039 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

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

Pursuant to paragraphs 63(2)(b) and 75(2)(b) of the CTA, the Canadian Transportation Agency (hereinafter the Agency) may suspend or cancel a domestic 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 request and, pursuant to paragraphs 63(2)(b) and 75(2)(b) of the CTA, hereby suspends Licence Nos. 962212 and 967039.

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 subparagraphs 61(a)(i) to (iii) and 73(1)(a)(i) to (iii) of the CTA, which provide that the Licensee must be Canadian, 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 does not meet any of the requirements of subparagraphs 61(a)(i), (ii) or (iii) and 73(1)(a)(i), (ii) or (iii) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence Nos. 962212 and 967039 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

This Order shall be affixed to Licence Nos. 962212 and 967039 and the suspension of the licences shall remain in effect until further order of the Agency.