Order No. 2002-A-51
January 31, 2002
IN THE MATTER OF the operation of a domestic service and a non-scheduled international service by Keith Warren Fox carrying on business as Fox Aviation - Licence Nos. 990003 and 990028.
File Nos. M4210/F153-1
Under Licence No. 990003, Keith Warren Fox carrying on business as Fox Aviation (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft.
Under Licence No. 990028, the Licensee is authorized to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country.
Transport Canada has advised the Canadian Transportation Agency (hereinafter the Agency) that the Canadian aviation document of the Licensee has been suspended.
Pursuant to subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Licensee must establish to the satisfaction of the Agency that it holds a valid Canadian aviation document issued by the Minister of Transport in respect of the services to be provided under the licences.
The Agency has determined that, in respect of the services for which the licences were issued, the Licensee ceases to 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 is of the opinion that in the present circumstances it should suspend immediately the said licences and provide the Licensee with a period of thirty (30) days to show cause why the said licences should not be cancelled.
Accordingly, the Agency, pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, hereby suspends Licence Nos. 990003 and 990028.
In addition, the Licensee is provided with a period of thirty (30) days from the date of this Order to show cause why the said licences should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA.
This Order shall be affixed to Licence Nos. 990003 and 990028 and the suspension of the licences shall remain in effect until further order of the Agency.