Order No. 1990-A-725

December 19, 1990

December 19, 1990

IN THE MATTER OF the operation of a Class 4 Charter domestic service by Adlair Aviation (1983) Ltd. - Licence No. 883490.

File No. M4205-A17-4


WHEREAS under Licence No. 883490, Adlair Aviation (1983) Ltd. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and C, from a base at Cambridge Bay (Northwest Territories);

AND WHEREAS by Decision No. 228-A-1990 dated April 24, 1990, Licence No. 883490 in respect of the authority to use fixed wing aircraft in Group A was suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.). The Licensee was required to file within six months from the date of the Decision an application to reinstate the suspended service which would establish to the satisfaction of the Agency that it still has the qualifications necessary for the issuance of the licence, namely that it is Canadian, holds a Canadian aviation document (operating certificate) and a valid certificate of insurance; and, alternatively, the Licensee was required to show cause within six months from the date of the Decision why its licence in respect of the authority to use fixed wing aircraft in Group A should not be cancelled pursuant to paragraph 75(1)(a) 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 service using fixed wing aircraft in Group A, the Licensee ceases to have the qualifications necessary for the issuance of the licence;

AND WHEREAS to date, the Licensee has failed to either file an application to reinstate the suspended service establishing to the satisfaction of the Agency that it has the qualifications necessary for the issuance of Licence No. 883490 or to show cause why its licence in respect of the authority to use fixed wing aircraft in Group A should not be cancelled;

AND WHEREAS the Agency has reasonable grounds to believe that, in respect of the service using fixed wing aircraft in Group A authorized under Licence No. 883490, the Licensee ceases to have the qualifications necessary for the issuance of the said licence;

AND WHEREAS the Agency considers it appropriate to cancel Licence No. 883490 in respect of the authority to use fixed wing aircraft in Group A.

NOW THEREFORE, IT IS ORDERED THAT:

Licence No. 883490 in respect of the authority to use fixed wing aircraft in Group A is hereby cancelled pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987.

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