Aviation Québec Labrador Ltée v. Canada ( Minister of Transport )
T-595-98
Denault J.
7/10/98
7 pp.
Application for judicial review of decisions of Civil Aviation Tribunal and appeal panel affirming decision of Minister of Transport to cancel applicant air transport undertaking's operating certificate, including operations specifications, in full, on ground no longer meeting conditions of issuance-Reason given: "Air Regulations and Air Navigation Orders repealed October 10, 1996"-New operating certificate issued by Minister not including two of three operations specifications included in former certificate-Application allowed-Applicant wrong to argue tribunal erred in law in situating award of operations specifications by Minister within regulatory framework-Applicant's order clearly issued to applicant under Air Navigation Orders, Series VII, No. 3, s. 3-Order rendered by Minister under authority of Aeronautics Act and Air Regulations then in force-Minister did not have to demonstrate in public interest to cancel operating certificate and thereby revoke privileges granted to applicant-Applicant right, however, to criticize Civil Aviation Tribunal and appeal panel for overlooking Minister's failure to comply with requirements of Act, s. 7.1(2), that is, indicating conditions of issuance with which holder no longer in compliance-Minister had to specify how holder possessing operating certificate including three operations specifications, inter alia, no longer met conditions of issuance in Canadian Air Regulations, which came into force in October 1996-Aeronautics Act, R.S.C., 1985, c. A-2, s. 7.1(2) (as enacted by R.S.C., 1985 (1st Supp.), c. 33, s. 1; S.C. 1992, c. 4, s. 15)-Canadian Aviation Regulations, SOR/96433-Air Navigation Orders, Series VII, No. 3, s. 3-Air Regulations, SOR/61-10.