Decision No. 45-A-2005

February 1, 2005

January 31, 2005

APPLICATION by Sterling Airways, Inc. for another suspension of Licence No. 967686.

File No. M4211/S147-2


Sterling Airways, 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 January 21, 2005.

Under Licence No. 967686, the Licensee is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada.

By Decision No. 5-A-2004 dated January 5, 2004, Licence No. 967686 was suspended pursuant to paragraph 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA). Pursuant to that Decision, the Licensee was provided with a period of one year from the date of the Decision to file an application to reinstate the said licence.

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 the application and, pursuant to paragraph 75(2)(b) of the CTA, hereby suspends Licence No. 967686.

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. 967686 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.

This Decision shall be affixed to Licence No. 967686 and the suspension of the licence shall remain in effect until further order of the Agency.

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