Order No. 2009-A-589
November 30, 2009
IN THE MATTER OF the operation of a domestic service and a non-scheduled international service by Conair Group Inc. carrying on business as Conair - Licence Nos. 972187 and 977256.
File Nos. M4210/C529-1
M4210/C529-2
Under Licence No. 972187, Conair Group Inc. carrying on business as Conair (Licensee) is authorized to operate a domestic service, small aircraft, a domestic service, medium aircraft and a domestic service, all-cargo aircraft.
Under Licence No. 977256, the Licensee is authorized to operate a non-scheduled international service, small aircraft, a non-scheduled international service, medium aircraft and a non-scheduled international service, all-cargo aircraft, to transport traffic on a charter basis between Canada and any other country.
The Canadian aviation document of the Licensee on file with the Canadian Transportation Agency (Agency) is not valid in respect of the domestic service, medium aircraft and the non-scheduled international service, medium aircraft.
Pursuant to subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (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 domestic service, medium aircraft and the non-scheduled international service, medium aircraft, the Licensee ceases to 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 is of the opinion that in the present circumstances it should suspend immediately Licence Nos. 972187 and 977256 in respect of the domestic service, medium aircraft and the non-scheduled international service, medium aircraft and provide the Licensee with a period of thirty (30) days to show cause why the said licences should not be cancelled in respect of those services.
Accordingly, the Agency, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, suspends Licence Nos. 972187 and 977256 in respect of the domestic service, medium aircraft and the non-scheduled international service, medium aircraft.
In addition, the Licensee is provided with a period of thirty (30) days from the date of this Order to show cause why Licence Nos. 972187 and 977256 in respect of the domestic service, medium aircraft and the non-scheduled international service, medium aircraft should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.
This Order shall be affixed to Licence Nos. 972187 and 977256 and the suspension of the licences in respect of the domestic service, medium aircraft and the non-scheduled international service, medium aircraft, shall remain in effect until further order of the Agency.
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