Order No. 2004-A-559

December 16, 2004

December 16, 2004

IN THE MATTER OF the operation of a domestic service by Duke's Air Service Ltd. - Licence No. 970086.

File No. M4210/D101-1


Under Licence No. 970086, Duke's Air Service Ltd. (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft.

By Order No. 2004-A-469 dated November 9, 2004, Licence No. 970086 was suspended pursuant to subsection 63(1) 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 No. 970086 should not be cancelled pursuant to subsection 63(1) of the CTA.

In response to the Order, the Licensee has requested a suspension of its licence.

Pursuant to paragraph 63(2)(b) of the CTA, the Canadian Transportation Agency (hereinafter the Agency) may suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation.

The Agency has considered the request and, pursuant to paragraph 63(2)(b) of the CTA, hereby suspends Licence No. 970086.

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 61(a)(i) to (iii) of the CTA, which provide that the Licensee must be Canadian, must hold a Canadian aviation document and must have prescribed liability insurance coverage, the Agency shall lift the suspension.

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 61(a)(i), (ii) or (iii) of the CTA, the Licensee is provided with an additional thirty (30) days to show cause why Licence No. 970086 should not be cancelled pursuant to subsection 63(1) of the CTA.

This Order shall be affixed to Licence No. 970086 and the suspension of the licence shall remain in effect until further order of the Agency.

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