Order No. 1990-A-527

September 24, 1990

September 24, 1990

IN THE MATTER OF the operation of a Class 4 Charter domestic service, a Class 9-4 Charter non-scheduled international service and a domestic service by Fox Coulee Aviation Inc. - Licence Nos. 883458, 883459 and 883460.

File Nos. M4205-F54-4
M4895-F54-4
M4205-F54-5


WHEREAS under Licence No. 883458, Fox Coulee Aviation Inc. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and B, from a base at Drumheller, Alberta;

AND WHEREAS under Licence No. 883459, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B;

AND WHEREAS under Licence No. 883460, the Licensee is authorized to operate a domestic service;

AND WHEREAS by Decision No. 607-A-1989 dated November 27, 1989, Licence Nos. 883458 and 883460 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), and Licence No. 883459 was suspended pursuant to subsection 97(2) of the National Transportation Act, 1987, for a period of six months from the date of the Decision. The Licensee was required to file, within six months from the date of the Decision, an application to reinstate the suspended services which would establish to the satisfaction of the Agency that it has the qualifications necessary for the issuance of the licences namely that it is Canadian, holds a Canadian aviation document (operating certificate) and has prescribed liability insurance coverage; and, alternatively, the Licensee was required to show cause within that same period why its licences should not be cancelled, pursuant to paragraphs 75(1)(a) and 97(1)(a), as applicable, of the National Transportation Act, 1987, as failure to file the said application would give reasonable grounds to the Agency to believe that, in respect of the services for which the licences are issued, the Licensee ceases to have the qualifications necessary for the issuance of the licences;

AND WHEREAS to date, the Licensee has failed to either establish to the satisfaction of the Agency that it has the qualifications necessary for the issuance of the licences or to show cause why its licences should not be cancelled;

AND WHEREAS the Agency has reasonable grounds to believe that, in respect of the services for which the licences are issued, the Licensee ceases to have the qualifications necessary for the issuance of the licences;

AND WHEREAS the Agency considers it appropriate to cancel Licence Nos. 883458, 883459 and 883460.

NOW THEREFORE, IT IS ORDERED THAT:

Licence Nos. 883458 and 883460 are hereby cancelled pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987, and Licence No. 883459 is hereby cancelled pursuant to paragraph 97(1)(a) of the National Transportation Act, 1987.

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