Order No. 2002-A-34

January 23, 2002

File No. M4211/D88-2

Under Licence No. 977032, Davis Aviation, Inc. (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 Decision No. 286-A-1998 dated June 11, 1998, Licence No. 977032 was suspended pursuant to paragraph 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA).

Pursuant to that Decision, the Licensee was provided with a period of one year from the date of the Decision to file an application to reinstate the said licence. If, at that time, upon consideration of the application, the Canadian Transportation Agency (hereinafter the Agency) determined that the Licensee met the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, which provide that the Licensee must hold a document issued by its government that is equivalent to a non-scheduled international licence issued by the Agency, must hold a Canadian aviation document, and must have prescribed liability insurance coverage, the Agency would reinstate Licence No. 977032.

On November 25, 1998, the Licensee applied to the Agency for the reinstatement of Licence No. 977032.

By Decision No. 649-A-2001 dated December 13, 2001, the application was denied as the Agency was not satisfied that the Licensee met the requirement of subparagraph 73(1)(a)(iii) of the CTA. In addition, the Licensee was provided with a period of thirty (30) days from the date of the Decision to show cause why Licence No. 977032 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.

To date the Licensee has failed 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.

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, and in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995, hereby cancels Licence No. 977032.