Decision No. 642-A-2006
The suspension is no longer in effect by Decision No. 254-A-2007
November 22, 2006
APPLICATION by Tyax Air Service Ltd. for suspension of Licence No. 962309.
File No. M4210/T164-1
Tyax Air Service Ltd. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on November 7, 2006.
Under Licence No. 962309, 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 suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation.
The Agency was advised that the insurance coverage prescribed in the certificate of the Licensee on file with the Agency was cancelled on October 12, 2006. Therefore, the Agency has determined pursuant to subsection 27(1) of the CTA that this application should be dealt with pursuant to the provisions of subsection 63(1) of the CTA which require the Agency to suspend or cancel licences when licensees fail to meet the requirement of subparagraph 61(a)(iii) of the CTA.
In light of the fact that the Licensee ceases to meet the requirement of subparagraph 61(a)(iii) of the CTA, the Agency, pursuant to subsection 63(1) of the CTA, hereby suspends Licence No. 962309.
To reinstate the suspended licence, the Licensee is provided with a period of one year from the date of this Decision 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 Decision, 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. 962309 should not be cancelled pursuant to subsection 63(1) of the CTA.
This Decision shall be affixed to Licence No. 962309 and the suspension of the licence shall remain in effect until further order of the Agency.
- Guy Delisle
- Mary-Jane Bennett