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in the case at bar since it stated that the regulations on which the operator's certificate were based had been repealed and replaced by new regulations.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.
|
Gilles Létourneau J.A. |
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