Decision No. 5-A-2008

January 10, 2008

APPLICATION by Cargojet Airways Ltd. also carrying on business as Cargojet Regional for another suspension of Licence No. 000014 in respect of the domestic service, large aircraft, Licence No. 000015 in respect of the non-scheduled international service, large aircraft and Licence No. 000173 in respect of the scheduled international service, large aircraft.

File Nos. M4210/C613-1
M4210/C613-2
M4210/C613-3

Cargojet Airways Ltd. also carrying on business as Cargojet Regional (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 December 20, 2007.

Under Licence No. 000014, the Licensee is authorized to operate a domestic service, all-cargo aircraft and a domestic service, large aircraft.

Under Licence No. 000015, the Licensee is authorized to operate a non-scheduled international service, all-cargo aircraft and a non-scheduled international service, large aircraft, to transport traffic on a charter basis between Canada and any other country.

Under Licence No. 000173, the Licensee is authorized to operate a scheduled international service, all-cargo aircraft and a scheduled international service, large aircraft, between points in Canada and points in the United States of America.

By Decision No. 599-A-2006 dated October 31, 2006, Licence No. 000014 in respect of the domestic service, large aircraft, Licence No. 000015 in respect of the non-scheduled international service, large aircraft and Licence No. 000173 in respect of the scheduled international service, large aircraft, were suspended pursuant to paragraphs 63(2)(b), 72(2)(b) and 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (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 licences.

Pursuant to paragraphs 63(2)(b), 72(2)(b) and 75(2)(b) of the CTA, the Agency may suspend or cancel a domestic licence, a scheduled international 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, pursuant to paragraphs 63(2)(b), 72(2)(b) and 75(2)(b) of the CTA, hereby suspends Licence No. 000014 in respect of the domestic service, large aircraft, Licence No. 000015 in respect of the non-scheduled international service, large aircraft and Licence No. 000173 in respect of the scheduled international service, large aircraft.

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 paragraphs 61(a), 69(1)(a) and 73(1)(a) of the CTA, which provide that the Licensee must be Canadian, must hold a Canadian aviation document, must have prescribed liability insurance coverage and must meet prescribed financial requirements, the Agency shall lift the suspension.

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 paragraphs 61(a), 69(1)(a) and 73(1)(a) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 000014 in respect of the domestic service, large aircraft, Licence No. 000015 in respect of the non-scheduled international service, large aircraft and Licence No. 000173 in respect of the scheduled international service, large aircraft, should not be cancelled pursuant to subsections 63(1), 72(1) and paragraph 75(1)(a) of the CTA.

This Decision shall be affixed to Licence Nos. 000014, 000015 and 000173 and the suspension of the licences in respect of the domestic service, large aircraft, the non-scheduled international service, large aircraft and the scheduled international service, large aircraft, shall remain in effect until further order of the Agency.

Members

• John Scott
• J. Mark MacKeigan