Order No. 1990-A-567
October 10, 1990
IN THE MATTER OF the operation of a domestic service and a Class 9-4 Charter non-scheduled international service by Fairmont Air Ltd. - Licence Nos. 882965 and 882966.
File Nos. M4205-F1-5
M4895-F1-4
WHEREAS under Licence No. 882965, Fairmont Air Ltd. (hereinafter the Licensee) is authorized to operate a domestic service;
AND WHEREAS under Licence No. 882966, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group A, restricted to flights originating or terminating at a point or points outside the designated area;
AND WHEREAS by Order No. 1990-A-105 dated March 19, 1990, Licence Nos. 882965 and 882966 were suspended pursuant to paragraphs 75(1)(a) and 97(1)(a), respectively, of theNational Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), for failure by the Licensee to hold a valid operating certificate and to file with the Agency a declaration stating that it continues to have the qualifications necessary for the issuance of the said licences. The Licensee was required to show cause within thirty (30) days from the date of the Order why the said licences should not be cancelled pursuant to paragraphs 75(1)(a) and 97(1)(a), respectively, of the National Transportation Act, 1987;
AND WHEREAS by letter dated June 19, 1990, the Licensee requested a suspension of Licence Nos. 882965 and 882966 for a period of one year;
AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 882965 and 882966.
NOW THEREFORE, IT IS ORDERED THAT:
- Licence Nos. 882965 and 882966 are hereby suspended pursuant to subsections 75(2) and 97(2), respectively, of the National Transportation Act, 1987.
- To reinstate the suspended services, the Licensee is hereby required to file an application by no later than September 2, 1991. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee has the qualifications necessary for the issuance of the licences, namely that it is a Canadian, holds a Canadian aviation document (operating certificate) and has prescribed liability insurance coverage (a valid certificate of insurance), the Agency shall reinstate the suspended services.
- Alternatively, if no application is filed, the Licensee is required to show cause by no later than September 2, 1991 why its licences should not be cancelled pursuant to subsections 75(1) and 97(1), respectively, of the National Transportation Act, 1987, as failure to meet any of the above requirements 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.
This Order shall form part of Licence Nos. 882965 and 882966 and shall remain affixed thereto as long as the said Order is in force.
- Date modified: