Decision No. 38-A-2008

January 29, 2008

APPLICATION by Dave Miller carrying on business as Miller Aviation for suspension of Licence No. 967697 effective February 2, 2008.

File No. M4211/M186-2

Dave Miller carrying on business as Miller Aviation (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 January 18, 2008.

Pursuant to Licence No. 967697, the Licensee is authorized to operate charter flights in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007.

Pursuant to paragraph 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (hereinafter 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 the application and, pursuant to paragraph 75(2)(b) of the CTA, hereby suspends Licence No. 967697 effective February 2, 2008.

To reinstate the suspended licence, the Licensee is provided with a period of one year from the date of this Decision to file an application to that effect. If, at that time, upon consideration of the application, the Agency determines that the Licensee meets the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, which provide that the Licensee must hold a document issued by its government that is equivalent to a non-scheduled international licence issued by the Agency, must hold a Canadian aviation document and must have prescribed liability insurance coverage, the licence shall be reinstated.

Alternatively, one year from the date of this Decision, if the application for reinstatement is not filed or the Licensee does not meet any of the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 967697 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.

This Decision shall be affixed to Licence No. 967697 and the suspension of the licence shall remain in effect until further order of the Agency.

Members

• Raymon J. Kaduck
• J. Mark MacKeigan