Order No. 2003-A-639

December 30, 2003

December 30, 2003

IN THE MATTER OF the operation of a non-scheduled international service by Blue Skys Charters, Inc. - Licence No. 000103.

File No. M4211/B265-2

Under Licence No. 000103, Blue Skys Charters, 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. 2003-A-568 dated November 13, 2003, Licence No. 000103 was suspended pursuant to paragraph 75(2)(a) 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 Declaration of Continuance of Qualifications in the form set out in Schedule II of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR). The Licensee was provided with a period of thirty (30) days from the date of the Order to show cause why Licence No. 000103 should not be cancelled pursuant to paragraph 75(2)(a) of the CTA.

To date, the Licensee has failed to either file with the Agency the required Schedule II or to show cause why its licence should not be cancelled.

The Agency has determined that in respect of the service for which the licence was issued, the Licensee has contravened subsection 15(3) of the ATR by not filing the required Schedule II.

Pursuant to paragraph 75(2)(a) of the CTA, the Agency may 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(2)(a) 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. 000103.

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