Order No. 2006-A-42
January 24, 2006
IN THE MATTER OF the operation of domestic services, non-scheduled international services and scheduled international services by International Express Aircharter Ltd. carrying on business as Regency Express Flight Operations and Sonicblue Airways - Licence Nos. 970120, 970171 and 050036.
File Nos. M4210/S529-1
M4210/S529-2
M4210/S529-3
Under Licence No. 970120, International Express Aircharter Ltd. carrying on business as Regency Express Flight Operations and Sonicblue Airways (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft and a domestic service, all-cargo aircraft.
Under Licence No. 970171, the Licensee is authorized to operate a non-scheduled international service, small aircraft and a non-scheduled international service, all-cargo aircraft, to transport traffic on a charter basis between Canada and any other country.
Under Licence No. 050036, the Licensee is authorized to operate a scheduled international service, small aircraft and a scheduled international service, all-cargo aircraft between points in Canada and points in United States of America.
Transport Canada has advised the Canadian Transportation Agency (hereinafter the Agency) that the Canadian aviation document of the Licensee has been suspended.
Pursuant to subparagraphs 61(a)(ii), 69(1)(a)(ii) and 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 services to be provided under the licences.
The Agency has determined that, in respect of the services for which the licences were issued, the Licensee ceases to meet the requirement of subparagraphs 61(a)(ii), 69(1)(a)(ii) and 73(1)(a)(ii) of the CTA.
Pursuant to subsections 63(1) and 72(1) and paragraph 75(1)(a) of the CTA, the Agency must suspend or cancel a domestic, scheduled international and a non-scheduled international licences 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 licences and provide the Licensee with a period of thirty (30) days to show cause why the said licences should not be cancelled.
Accordingly, the Agency, pursuant to subsections 63(1) and 72(1) and paragraph 75(1)(a) of the CTA, hereby suspends Licence Nos. 970120, 970171 and 050036.
In addition, the Licensee is provided with a period of thirty (30) days from the date of this Order to show cause why the said licences should not be cancelled pursuant to subsections 63(1) and 72(1) and paragraph 75(1)(a) of the CTA.
This Order shall be affixed to Licence Nos. 970120, 970171 and 050036 and the suspension of the licences shall remain in effect until further order of the Agency.
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