Decision No. 528-A-2006
September 29, 2006
APPLICATION by 6094121 Canada Inc. carrying on business as Aviation 5-50 for another suspension of Licence Nos. 040093 and 040094.
File Nos. M4210/A997-1
M4210/A997-2
6094121 Canada Inc. carrying on business as Aviation 5-50 (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 September 20, 2006.
Under Licence No. 040093, the Licensee is authorized to operate a domestic service, small aircraft.
Under Licence No. 040094, the Licensee is authorized to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.
By Order No. 2005-A-426 dated August 2, 2005, Licence Nos. 040093 and 040094 were suspended pursuant to paragraphs 63(2)(b) and 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA). Pursuant to that Order, the Licensee was provided with a period of one year from the date of the Order to file an application to reinstate the said licences.
Pursuant to paragraphs 63(2)(b) and 75(2)(b) of 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, pursuant to paragraphs 63(2)(b) and 75(2)(b) of the CTA, hereby suspends Licence Nos. 040093 and 040094.
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 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 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. 040093 and 040094 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. 040093 and 040094 and the suspension of the licences shall remain in effect until further order of the Agency.
Members
- Mary-Jane Bennett
- Beaton Tulk
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