Order No. 2007-A-550
December 5, 2007
IN THE MATTER OF Licence No. 070114 issued to Kistigan Air Inc. pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
File No. M4210/N290-1
By Decision No. 613-A-2007, the Canadian Transportation Agency (hereinafter the Agency) authorized Kistigan Air Inc. (hereinafter the Licensee) to operate a domestic service, small aircraft.
The Agency, in its review of the Licensee's application for a domestic licence, small aircraft, determined that a document issued to the Licensee by the Minister of Transport dated December 4, 2007 which refers to the Aircraft Charter Agreement between the Licensee and NAC Air, LP, by its General Partner, 1401277 Ontario Limited (hereinafter NAC Air) dated November 5, 2007, was a Canadian aviation document as defined in the Canada Transportation Act (hereinafter the CTA).
The Agency also determined that in order to ensure continued compliance with subparagraph 61(a)(ii) of the CTA, the Licensee should provide the Agency with any documentation that has the effect of altering or proposing to alter the agreement between the Licensee and NAC Air, or would indicate that the Licensee has entered into or is proposing to enter into a similar arrangement with a third party.
Accordingly, the Agency, pursuant to sections 25 and 28 of the CTA, hereby requires the Licensee to provide the Agency with any documentation, immediately upon execution, that has the effect of altering or proposing to alter the agreement with NAC Air, or would indicate that the Licensee has entered into or is proposing to enter into a similar arrangement with a third party.
Further, the Licensee is prohibited from providing its domestic service, small aircraft, under Licence No. 070114 using all or part of an aircraft, with flight crew, that have been provided to NAC Air by another person.
This Order shall be affixed to Licence No. 070114 and shall remain in effect until further order of the Agency.
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