No. ON07/06
Immediate Release
August 9, 2006

TRANSPORT CANADA’S DECISION TO CANCEL NEXJET AVIATION INC.’S AIR OPERATOR CERTIFICATE IS UPHELD BY THE TRANSPORTATION APPEAL TRIBUNAL OF CANADA

TORONTO — The Transportation Appeal Tribunal of Canada has ruled in favour of upholding Transport Canada’s decision to cancel NexJet Aviation Inc.’s air operator certificate.  Without an air operator certificate, the company cannot provide commercial air services.

Any organization may use its right to appeal a Transport Canada enforcement action within 30 days of its issuance by bringing the action forward for reconsideration by the Transportation Appeal Tribunal of Canada.  Such decisions may include the imposition of fines or the suspension, cancellation or non-renewal of a Canadian Aviation Document on medical or other grounds.

NexJet Aviation Inc. pursued their right to appeal through the Transportation Appeal Tribunal of Canada within 30 days of the cancellation of their operator certificate.  The Tribunal began on March 28, 2006 and a letter of decision was sent out on July 28, 2006.

The decision to cancel NexJet Aviation Inc.’s Air Operator Certificate, effective on March 8, 2006, was based on a review of the company's records relating to a number of suspensions and Notices of Suspension, regulatory offences and the company’s inability to demonstrate operational control, including proper record keeping and aircraft maintenance.  NexJet Aviation Inc. was also found not to be operating under the conditions for which the Air Operator Certificate was issued.

Established in June 2003, the Transportation Appeal Tribunal of Canada provides a recourse mechanism for the air and rail sectors regarding administrative decisions and enforcement actions taken under federal legislation.

More information on the Canadian Aviation Regulations can be found on Transport Canada’s civil aviation website.                                       

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