Agency Rulings

Decision No. 374-A-1999

June 25, 1999

APPLICATION by Kelowna Flightcraft International Air Cargo Ltd. carrying on business as Winnport Air Cargo, Winnport and Winnport Air Cargo - China for suspension of Licence No. 980127.

File No. M4210/W195-4

Docket No. 990681

Kelowna Flightcraft International Air Cargo Ltd. carrying on business as Winnport Air Cargo, Winnport and Winnport Air Cargo - China (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 June 15, 1999.

Under Licence No. 980127, the Licensee is authorized to operate a scheduled international service between China and Canada.

Pursuant to paragraph 72(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Agency may suspend or cancel a 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 72(2)(b) of the CTA, hereby suspends Licence No. 980127.

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 paragraph 69(1)(a) of the CTA, which provide that the Licensee must be designated by the Minister of Transport, 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 ceases to meet any of the requirements of paragraph 69(1)(a) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 980127 should not be cancelled pursuant to subsection 72(1) of the CTA.

This Decision shall be affixed to Licence No. 980127 and the suspension of the licence shall remain in effect until further order of the Agency.