Decision No. 30-A-1997

January 30, 1997

File Nos. M4205/C163-4-1
M4205/C163-5-1

Docket Nos. 960837
960838

Benoît Cyr carrying on business as Cyr Aviation (hereinafter the Licensee) has applied to the National Transportation Agency (hereinafter the NTA) for the suspension set out in the title. The application was received on June 27, 1996.

Under NTA Licence No. 882848, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group A, from a base at St. Quentin, New Brunswick.

Under NTA Licence No. 882849, the Licensee is authorized to operate a domestic service.

On July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) came into effect. Pursuant to section 195 of the CTA and to the Discontinuance and Continuance of Proceedings Order, 1996, SOR/96-383, proceedings relating to certain matters before the NTA, prior to the coming into effect of section 195, shall be dealt with by the Canadian Transportation Agency (hereinafter the Agency), pursuant to the provisions of the CTA. This proceeding is included in the Order as a matter to be dealt with pursuant to the provisions of the CTA.

It should be noted that as a result of the coming into force of the CTA, replacement licences are being issued to licensees who establish to the satisfaction of the Agency, as of July 1, 1996, that they meet the applicable requirements set out in the CTA. As the Licensee does not meet these requirements at this time, the Agency will not issue a replacement licence.

Pursuant to paragraph 63(2)(b) of the CTA, the Agency may suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation.

The Agency has considered the matter and notes that the Licensee does not hold a valid Canadian aviation document and that its certificate of insurance on file with the Agency lapsed on June 30, 1996. Therefore, the Agency has determined pursuant to subsection 27(1) of the CTA that this matter should be dealt with pursuant to the provisions of subsection 63(1) of the CTA which require the Agency to suspend or cancel licences when licensees fail to meet the requirements of subparagraphs 61(a)(ii) and (iii) of the CTA. In light of the fact that the Licensee ceases to meet the requirements of subparagraphs 61(a)(ii) and (iii) of the CTA, the Agency, pursuant to subsection 63(1) of the CTA, hereby suspends Licence Nos. 882848 and 882849.

In addition, the Licensee is hereby required to show cause, within thirty (30) days from the date of this Decision, why its NTA licences should not be cancelled. Failure to do so will result in the cancellation of NTA Licence Nos. 882848 and 882849.

The Licensee may, however, apply to the Agency for a new licence at any future date, and a licence will be issued by the Agency, when the Licensee establishes to the satisfaction of the Agency that it meets the requirements set out in section 61 of the CTA.

In order to obtain a replacement licence from the Agency, the Licensee is hereby required to establish to the satisfaction of the Agency that it meets the requirements set out in subparagraphs 61(a)(ii) and (iii) of the CTA within thirty (30) days from the date of this Decision.

This Decision shall form part of NTA Licence Nos. 882848 and 882849 and shall remain affixed thereto as long as the said Decision is in force.