Order No. 2002-A-37

January 23, 2002

January 23, 2002

IN THE MATTER OF the operation of a non-scheduled international service by Midwest Corporate Air, Inc. - Licence No. 967700.

File No. M4211/M57-2

Under Licence No. 967700, Midwest Corporate Air, 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 Decision No. 549-A-1998 dated November 12, 1998, Licence No. 967700 was suspended pursuant to paragraph 75(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA). Pursuant to that Decision, the Licensee was required to file an application to reinstate the said licence.

To date, the Licensee has failed to file an application to reinstate the said licence and the Canadian Transportation Agency (hereinafter the Agency) has determined that, in respect of the service for which the licence was issued, the Licensee does not meet the requirement of subparagraph 73(1)(a)(iii) of the CTA.

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

The Agency has considered the matter and, pursuant to paragraph 75(1)(b) of the CTA, and in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on February 24, 1995, hereby cancels Licence No. 967700.

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