Order No. 2008-A-326

August 28, 2008

File Nos. M4210/Z11-1
M4210/Z11-2
M4210/Z11-3
M4210/Z11-4-1
M4210/Z11-4-2
M4210/Z11-4-3
M4210/Z11-4-4
M4210/Z11-4-5

Under Licence No. 020149, Zoom Airlines Incorporated (the Licensee) is authorized to operate a domestic service, large aircraft.

Under Licence No. 020150, the Licensee is authorized to operate a non-scheduled international service, large aircraft, to transport traffic on a charter basis between Canada and any other country.

Under Licence No. 020151, the Licensee is authorized to operate a scheduled international service, large aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.

Under Licence No. 030089, the Licensee is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services, signed on June 22, 1988.

Under Licence No. 030154, the Licensee is authorized to operate a scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the Dominican Republic on Air Transport, initialled ad referendum on June 18, 1986.

Under Licence No. 030153, the Licensee is authorized to operate a scheduled international service, large aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States, signed on December 21, 1961, as amended.

Under Licence No. 040029, the Licensee is authorized to operate a scheduled international service, large aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of the French Republic, signed on June 15, 1976.

Under Licence No. 080006, the Licensee is authorized to operate a scheduled international service, large aircraft, in accordance with the Air Transport Agreement between the Government of Canada and the Government of Italy, initialled ad referendum on May 16, 2002.

Transport Canada has advised the Canadian Transportation Agency (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, as amended (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 licence, a scheduled international licence and a non-scheduled international licence 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. 020149, 020150, 020151, 030089, 030154, 030153, 040029 and 080006.

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. 020149, 020150, 020151, 030089, 030154, 030153, 040029 and 080006 and the suspension of the licences shall remain in effect until further order of the Agency.