Decision No. 566-A-2004

October 26, 2004

October 26, 2004

APPLICATION by Flowers Aviation Inc. for another suspension of Licence No. 961013.

File No. M4210/F138-1


Flowers Aviation 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 October 13, 2004.

Under Licence No. 961013, the Licensee is authorized to operate a domestic service, small aircraft.

By Decision No. 419-A-2003 dated July 17, 2003, Licence No. 961013 was suspended pursuant to paragraph 63(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 63(2)(b) of the CTA, the Agency may suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation.

The Agency has considered the application and, pursuant to paragraph 63(2)(b) of the CTA, hereby suspends Licence No. 961013.

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 61(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) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 961013 should not be cancelled pursuant to subsection 63(1) of the CTA.

This Decision shall be affixed to Licence No. 961013 and the suspension of the licence shall remain in effect until further order of the Agency.

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