Decision No. 36-A-1997

January 31, 1997

File No. M4895/E137-9-1

Docket No. 962428

Ellison Air, Inc. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on October 8, 1996.

Under NTA Licence No. 951166, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America.

As a result of amendments made to the Air Transportation Regulations, SOR/88-58, the classification of aircraft and air services has been amended. Accordingly, the Licensee's Class 9-4 Charter non-scheduled international service is now considered to be a non-scheduled international service.

It should be noted that as a result of the coming into force of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), replacement licences are being issued to licensees who establish to the satisfaction of the Agency, as of July 1 1996, that they met the applicable requirements set out in the CTA. On July 1, 1996, the Licensee satisfied the requirements set out in subsection 73(2) of the CTA. Accordingly, the Agency will issue replacement Licence No. 977140 to the Licensee authorizing it to operate a non-scheduled international service.

Pursuant to paragraph 75(2)(b) of the CTA, the Agency may suspend or cancel a non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.

The Agency has considered this application and in accordance with the request of the Licensee will suspend Licence No. 977140.

Pursuant to paragraph 75(2)(b) of the CTA, Licence No. 977140 is hereby suspended. Further, to reinstate the suspended licence, the Licensee is hereby required to file an application to that effect within one year from the date of this Decision. If, at that time, upon consideration of the application, the Agency determines that the Licensee meets the requirements set out in subsection 73(2) of the CTA, specifically that the Licensee holds a Canadian aviation document and has prescribed liability insurance coverage, the Agency shall lift the suspension.

However, one year from the date of this Decision, if the Agency determines that, in respect of the service for which the licence is issued, the Licensee does not meet any of the requirements set out in subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the said licence shall be cancelled pursuant to paragraph 75(1)(b) of the CTA.

This Decision shall form part of Licence No. 977140 and shall remain affixed thereto as long as the said Decision is in force.