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Date: 20010131 Docket: A-669-98 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: MINISTER OF TRANSPORT Appellant - AND - AVIATION QUÉBEC LABRADOR LTÉE Respondent Hearing held at Québec, Quebec on Wednesday, January 31, 2001. Judgment from the bench at Québec, Quebec on Wednesday, January 31, 2001. REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. Date: 20010131 Docket: A-669-98 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: MINISTER OF TRANSPORT Appellant - AND - AVIATION QUÉBEC LABRADOR LTÉE Respondent REASONS FOR JUDGMENT (Delivered from the bench at Québec, Quebec on Wednesday, January 31, 2001) LÉTOURNEAU J.A. [1] We are satisfied that the respondent could not claim vested rights in certain of the specifications mentioned in its air operator certificate issued pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2 ("the Act"). These specifications which the respondent sought to retain were in fact in the nature of a privilege and constituted departures from the general rules which the government has revised for reasons of air safety in the carriage of passengers. [2] As regards the notice given to the respondent by the Minister of Transport, even assuming that it was required by s. 7.1(1) of the Act, we are persuaded that it was sufficient in the case at bar since it stated that the regulations on which the operator's certificate were based had been repealed and replaced by new regulations. [3] The appeal will accordingly be allowed, the trial judgment quashed and the application for judicial review dismissed.
Québec, Quebec January 31, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF APPEAL Date: 20010131 Docket: A-669-98 Between: MINISTER OF TRANSPORT Appellant - AND - AVIATION QUÉBEC LABRADOR LTÉE Respondent REASONS FOR JUDGMENT FEDERAL COURT APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-669-98 STYLE OF CAUSE: MINISTER OF TRANSPORT Appellant AND: AVIATION QUÉBEC LABRADOR LTÉE Respondent PLACE OF HEARING: Québec, Quebec DATE OF HEARING: January 31, 2001 REASONS FOR JUDGMENT OF THE COURT BY: Létourneau J.A. DATED: January 31, 2001 APPEARANCES: Claude Morisette for the appellant Jean-Paul O'Connor for the respondent SOLICITORS OF RECORD: Morris Rosenberg for the appellant Deputy Attorney General of Canada Aviation Québec Labrador Ltée for the respondent Sept-Îles, Quebec |
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