Decision No. 512-A-2004

September 29, 2004

September 29, 2004

APPLICATION by Rocky West Aviation Services Ltd. for cancellation of Licence No. 970195.

File No. M4210/R157-1

Rocky West Aviation Services Ltd. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the cancellation set out in the title. The application was received on August 30, 2004.

Under Licence No. 970195, the Licensee is authorized to operate a domestic service, small aircraft.

Pursuant to paragraph 63(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Agency may, subject to section 64, suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation. Subsection 64(2) of the CTA requires that the Licensee give notice of the proposal to discontinue a domestic service and that the Licensee shall not implement the proposal until the expiration of 120 days, or 30 days if the service has been in operation for less than one year, after the notice is given or until the expiry of any shorter period that the Agency may, on application by the Licensee, specify by order.

The Agency has reviewed the matter and in light of the fact that the Licensee does not hold a valid Canadian aviation document, the Agency is of the view that compliance by the Licensee with section 64 of the CTA is unnecessary in this case. Accordingly, pursuant to paragraph 80(1)(c) of the CTA, the Agency hereby exempts the Licensee from the application of section 64 of the CTA.

The Agency has considered the application and, pursuant to paragraph 63(2)(b) of the CTA, hereby cancels Licence No. 970195.

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