Order No. 1999-A-632
December 30, 1999
IN THE MATTER OF the operation of a non-scheduled international service by Agile Air Service, Inc. - Licence No. 967442.
File No. M4211/A676-2
Under Licence No. 967442, Agile Air Service, Inc. (hereinafter the Licensee) is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada.
By Order No. 1999-A-479 dated November 4, 1999, Licence No. 967442 was suspended pursuant to paragraph 75(1)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), for failure by the Licensee to file with the Canadian Transportation Agency (hereinafter the Agency) a valid certificate of insurance. The Licensee was provided with a period of thirty (30) days from the date of the Order to show cause why Licence No. 967442 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.
In response to the Order, the Licensee has requested a suspension of its licence.
Pursuant to paragraph 75(2)(b) of the CTA, the Agency may suspend or cancel a non-scheduled international licence in accordance with a request from the Licensee for the suspension or cancellation.
The Agency has considered the request and, pursuant to paragraph 75(2)(b) of the CTA, hereby suspends Licence No. 967442.
To reinstate the suspended licence, the Licensee is provided with a period of one year from the date of this Order 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 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, which provide that the Licensee must hold a document issued by its government that is equivalent to a non-scheduled international licence issued by the Agency, 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 Order, if the application for reinstatement is not filed or the Licensee does not meet any of the requirements of subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 967442 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.
This Order shall be affixed to Licence No. 967442 and the suspension of the licence shall remain in effect until further order of the Agency.