Decision No. 43-A-2008

January 31, 2008

APPLICATION by NAC Air, LP, by its General Partner, 1401277 Ontario Limited for suspension of Licence Nos. 070090 and 070091.

File Nos. M4210/N290-1
M4210/N290-2

NAC Air, LP, by its General Partner, 1401277 Ontario Limited (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.

Under Licence No. 070090, the Licensee is authorized to operate a domestic service, small aircraft and a domestic service, all-cargo aircraft.

Under Licence No. 070091, the Licensee is authorized to operate a non-scheduled international service, small aircraft and a non-scheduled international service, all-cargo aircraft, to transport traffic on a charter basis between Canada and any other country.

Pursuant to paragraphs 63(2)(b) and 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 domestic licence and 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 notes that the Licensee does not hold a valid Canadian aviation document and that its certificate of insurance on file with the Agency has been cancelled effective on January 14, 2008. Therefore, the Agency has determined pursuant to subsection 27(1) of the CTA that this application should be dealt with pursuant to the provisions of subsection 63(1) and paragraph 75(1)(a) 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) and 73(1)(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) and 73(1)(a)(ii) and (iii) of the CTA, the Agency, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, hereby suspends Licence Nos. 070090 and 070091.

To reinstate the suspended licences, 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 61(a)(i) to (iii) and 73(1)(a)(i) to (iii) of the CTA, which provide that the Licensee must be Canadian, must hold a Canadian aviation document and must have prescribed liability insurance coverage, the licences 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 61(a)(i), (ii) or (iii) and 73(1)(a)(i), (ii) or (iii) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence Nos. 070090 and 070091 should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

This Decision shall be affixed to Licence Nos. 070090 and 070091 and the suspension of the licences shall remain in effect until further order of the Agency.

Members

• Geoffrey C. Hare
• John Scott