Agency Rulings

Order No. 2003-A-283

May 13, 2003

IN THE MATTER OF the operation of a domestic service and a non-scheduled international service by Aviation Boréal (1988) Inc. - Licence Nos. 972114 and 977178.

File Nos. M4210/A393-1
M4210/A393-2

Under Licence No. 972114, Aviation Boréal (1988) Inc. (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft and a domestic service, all-cargo aircraft.

Under Licence No. 977178, the Licensee is authorized to operate a non-scheduled international service, small aircraft, and a non-scheduled international service, all-cargo aircraft, to transport traffic on a charter basis between Canada and any other country.

By Order No. 2003-A-204 dated March 28, 2003, Licence Nos. 972114 and 977178 in respect of the domestic service, small aircraft, and the non-scheduled international service, small aircraft, were suspended pursuant to subsection 63(1) and paragraph 75(1)(a) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), for failure by the Licensee to hold a valid Canadian aviation document. The Licensee was provided with a period of thirty (30) days from the date of the Order to show cause why Licence Nos. 972114 and 977178 in respect of the domestic service, small aircraft, and the non-scheduled international service, small aircraft, should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.

To date, the Licensee has failed to either file the required Canadian aviation document or to show cause why its licences in respect of the domestic service, small aircraft, and the non-scheduled international service, small aircraft, should not be cancelled.

The Canadian Transportation Agency (hereinafter the Agency) has determined that, in respect of the domestic service, small aircraft, and the non-scheduled international service, small aircraft, the Licensee does not meet the requirement of subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the CTA.

Pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, the Agency must suspend or cancel a domestic licence and a non-scheduled international licence where the Agency has made such a determination.

The Agency has considered the matter and, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, hereby cancels Licence Nos. 972114 and 977178 in respect of the domestic service, small aircraft, and the non-scheduled international service, small aircraft.

New documents of licences, bearing Licence Nos. 972114 and 977178 authorizing the operation of a domestic service, all-cargo aircraft, and a non-scheduled international service, all-cargo aircraft, will be issued.