Order No. 2010-A-29

January 19, 2010

File Nos. M4210/C549-1
M4210/C549-2

In its Order No. 2009-A-626, the Canadian Transportation Agency (Agency), pursuant to subsection 63(1) and paragraph 75(1)(a) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), suspended the domestic and non-scheduled international licences of CanLynx Airways Inc. (Licensee).

The Agency has reviewed the matter and concludes that the Licensee now meets all the applicable requirements of section 61 and subsection 73(1) of the CTA.

Accordingly, the licences are reinstated.

However, the Agency has been made aware that the Licensee may have contravened paragraph 57(a) of the CTA during the period its licences were suspended under Order No. 2009‑A‑626.

Paragraph 57(a) of the CTA states, no person shall operate an air service unless, in respect of that service, the person holds a licence issued under Part II of the CTA.

These legislative provisions are important and are intended to protect consumers. Operation of an air service without holding the required licence is a serious matter.

Accordingly, the Agency refers this matter to the designated enforcement officer for any action that may be deemed appropriate pursuant to the Canadian Transportation Agency Designated Provisions Regulations, SOR/99-244.