Order No. 2004-A-536

December 6, 2004

December 6, 2004

IN THE MATTER OF the operation of a domestic service and a non-scheduled international service by Bates Air Ltd. - Licence Nos. 980185 and 980186.

File Nos. M4210/B251-1
M4210/B251-2


Under Licence No. 980185, Bates Air Ltd. (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft.

Under Licence No. 980186, 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. 2004-A-20 dated January 8, 2004, Licence Nos. 980185 and 980186 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. 980185 and 980186 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

To date, the Licensee has failed to either file the required Canadian aviation document or to show cause why its licences should not be cancelled.

The Canadian Transportation Agency (hereinafter the Agency) has determined that, in respect of the services for which the licences were issued, the Licensee does not meet the requirement of subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the CTA.

Pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, the Agency must suspend or cancel a domestic licence and a non-scheduled international licence where the Agency has made such a determination.

The Agency has considered the matter and, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, hereby cancels Licence Nos. 980185 and 980186.

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