Order No. 1990-A-73
February 21, 1990
IN THE MATTER OF Decision No. 11194 dated December 15, 1987 and Licence No. 883031 - Air Ontario Inc.
File No. M4205-A128-2-2
WHEREAS under Licence No. 883031, Air Ontario Inc. (hereinafter the Licensee) is authorized to operate a Class 2 Regular Specific Point domestic service using fixed wing aircraft in Groups B, C, D and E, serving the points Timmins, Cochrane, Kapuskasing, Moosonee/ Moose Factory, Albany Post/Kashechewan, Attawapiskat, Winisk and Fort Severn, Ontario;
AND WHEREAS by Decision No. 11194 dated December 15, 1987, the Licensee was granted authority to also serve the point Peawanuck, Ontario under Licence No. 1033/59(NS) (now Licence No. 883031), subject to meeting the requirements of the Air Transport Committee of the Canadian Transport Commission;
AND WHEREAS by letter dated February 19, 1988, the Licensee was advised of the new requirements of the National Transportation Agency and was allowed until June 30, 1988 to meet the requirements of the Agency;
AND WHEREAS by registered letter dated December 19, 1988, the Licensee was required to either meet the outstanding requirements of the Agency within thirty days from the date of the letter or to show cause by that same date why Decision No. 11194 should not be rescinded for failure to meet the requirements of the Agency;
AND WHEREAS the Licensee failed to reply to the aforementioned letter and has not met the requirements of the Agency;
AND WHEREAS the Agency has considered the matter and is of the opinion that Decision No. 11194 should be rescinded;
AND WHEREAS by letter dated January 3, 1990, the solicitor for the Licensee requested that the authority to serve the points Cochrane, Albany Post/Kashechewan, Attawapiskat, Winisk and Fort Severn under Licence No. 883031 be deleted as the points are no longer being served by the Licensee;
AND WHEREAS the Agency has reviewed the matter and considers it appropriate to delete the authority to serve the points Cochrane, Albany Post/Kashechewan, Attawapiskat, Winisk and Fort Severn under Licence No. 883031;
AND WHEREAS the Agency notes that the Licensee does not provide service to the remaining points under Licence No. 883031 and, consequently, is of the opinion that Licence No. 883031 in respect of the authority to serve the points Timmins, Kapuskasing and Moosonee/ Moose Factory should be suspended for a period of one year and that the Licensee should be required to show cause within the same period why the authority to serve the said points should not be cancelled.
NOW THEREFORE, IT IS ORDERED THAT:
- Decision No. 11194 dated December 15, 1987 is hereby rescinded.
- Licence No. 883031 in respect of the authority to serve the points Cochrane, Albany Post/ Kashechewan, Attawapiskat, Winisk and Fort Severn is hereby cancelled pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).
- Licence No. 883031 in respect of the authority to serve the points Timmins, Kapuskasing and Moosonee/Moose Factory is hereby suspended pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987, for a period of one year from the date of this Order.
- The Licensee is hereby required to file within one year of this Order an application to reinstate the suspended service. 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 licence, namely that it is a Canadian, holds a Canadian aviation document (operating certificate) and has prescribed liability insurance coverage, the Agency shall reinstate the suspended service.
Alternatively, if no application is filed, the Licensee is required to show cause within one year of this Order why its licence in respect of the authority to serve the points Timmins, Kapuskasing and Moosonee/Moose Factory should not be cancelled pursuant to paragraph 75(1)(a) 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 service to the points Timmins, Kapuskasing and Moosonee/Moose Factory for which the licence is issued, the Licensee ceases to have the qualifications necessary for the issuance of the licence.
A new document of licence, bearing Licence No. 883031, to operate a Class 2 Regular Specific Point domestic service serving the points Timmins, Kapuskasing and Moosonee/Moose Factory will be issued to Air Ontario Inc.
This Order shall form part of Licence No. 883031 and shall remain affixed thereto as long as the said Order is in force.
- Date modified: