Decision No. 113-A-1988

June 17, 1988

File No. 2-P394-1A

Docket No. 88088

Eddie O'Donnell carrying on business under the firm name and style of Perry Lake Wilderness Lodge (hereinafter the applicant) has applied for the suspension set out in the title. The application was received on February 18, 1988.

Under Licence No. A.T.C. 3493/83(C), the applicant is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group A, restricted to the transportation requirements of the bona fide guests, employees and workers of Perry Lake Wilderness Lodge, including the transportation of luggage, material and supplies of those guests, employees or workers, from a base at Perry Lake, Ontario, between break-up and freeze-up period of each year.

By Decision Nos. 10062 and 10621 dated September 5, 1986 and April 15, 1987, respectively, Licence No. A.T.C. 3493/83(C) was suspended, until spring break-up of 1988, pursuant to subsection 16(8) of the Aeronautics Act, R.S.C. 1970, c. A-3, and the licence might have been subject to cancellation proceedings if the applicant had failed to reinstate the service by the end of that period.

By letter dated February 18, 1988, the applicant has requested a further suspension of Licence No. A.T.C. 3493/83(C) for a period of one year.

It is noted that, pursuant to subparagraph 109(2)(d)(ii) of the National Transportation Act, 1987, S.C. 1987, c. 34, Licence No. A.T.C 3493/83(C) is deemed to be a licence pursuant to subsection 72(2) of the National Transportation Act, 1987.

The Agency has reviewed the application and considers it appropriate to suspend Licence No. A.T.C. 3493/83(C). The application is hereby approved with modification. Although the applicant requested suspension of its licence for a period of one year, the Agency is unable to do so as licences issued under Part II of the Aeronautics Act remain in effect for a period not exceeding twelve months after January 1, 1988, as set out in section 109 of the National Transportation Act, 1987.

Licence No. A.T.C. 3493/83(C) is hereby suspended, pursuant to subsection 75(2) of the National Transportation Act, 1987, until December 31, 1988, or until a licence has been issued by the Agency as an appropriate replacement thereto. Eddie O'Donnell carrying on business under the firm name and style of Perry Lake Wilderness Lodge is required to satisfy the Agency, on or before September 30, 1988, that it has the qualifications, as set out in Part II of the National Transportation Act, 1987, necessary for issuance of a licence that is an appropriate replacement for its previously held licence.

This Decision shall form part of Licence No. A.T.C. 3493/83(C) and shall remain affixed thereto as long as the said Decision is in force.