Order No. 1991-A-13

January 10, 1991

File Nos. M4895-W110-4
M4205-W110-4-1

WHEREAS by Decision No. 28-A-1990 dated January 23, 1990, Wescan Transportation Services Ltd. (hereinafter the applicant) was granted authority to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group G, subject to meeting the requirements set out in subsection 94(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987);

AND WHEREAS by Decision No. 34-A-1990 dated January 25, 1990, the applicant was granted authority to operate a Class 4 Charter domestic service using fixed wing aircraft in Group G, from a base at Edmonton, Alberta, subject to meeting the requirements set out in paragraph 72(2)(a) of the NTA, 1987;

AND WHEREAS subparagraph 72(2)(a)(i) of the NTA, 1987 reads:

72.(2) On application to the Agency and on payment of the appropriate fee, the Agency shall issue to the applicant a domestic licence that permits the applicant to operate a domestic service using fixed wing aircraft between points or to or from any point in the designated area if

(a) the applicant establishes in the application to the satisfaction of the Agency that the applicant

(i) is a Canadian,

AND WHEREAS paragraph 94(1)(a) of the NTA, 1987 reads:

94.(1) On application to the Agency and on payment of the appropriate fee, the Agency shall, where it determines that it is in the public interest to do so, issue a non-scheduled international licence to the applicant if the applicant establishes in the application to the satisfaction of the Agency that the applicant

(a) is a Canadian or holds, where the applicant is a non-Canadian, a document issued by the government of the applicant's state or an agent thereof that, in respect of the service to be provided under the document, is equivalent to the non-scheduled international licence for which the application is being made;

AND WHEREAS the Agency determined, based on the documentation and information submitted, that the applicant is not Canadian as defined by section 67 of the NTA, 1987;

AND WHEREAS in light of the foregoing, by letter dated April 11, 1990, the applicant was advised that licences authorizing it to operate a Class 4 Charter domestic service and a Class 9-4 Charter non-scheduled international service would not be issued, and was required to show cause within two (2) months of the date of the letter why Decision Nos. 28-A-1990 and 34-A-1990 dated January 23 and 25, 1990, respectively, should not be rescinded.

AND WHEREAS by letters dated June 7 and July 10, 1990, the solicitor and the special counsel, respectively, for the applicant advised that an application had been made to the Minister of Transport for an order, pursuant to the provisions of section 73 of the NTA, 1987, which would exempt the applicant from the requirements of subparagraph 72(2)(a)(i) and paragraph 94(1)(a) of the NTA, 1987 and requested that the applicant be granted an extension of time to show cause why the subject Decisions should not be rescinded until thirty (30) days after the decision of the Minister of Transport with respect to the said application;

AND WHEREAS by registered letters dated August 6, 1990, the applicant was granted an extension of time until thirty (30) days from the date of the decision of the Minister of Transport regarding the application pursuant to section 73 of the NTA, 1987 to show cause why the subject decisions should not be rescinded;

AND WHEREAS by letter dated November 13, 1990, the Minister of Transport denied the application by Wescan Transportation Services Ltd. pursuant to the provisions of section 73 of the NTA, 1987.

AND WHEREAS to date, the applicant has failed to show cause why Decision Nos. 28-A-1990 and 34-A-1990 should not be rescinded;

AND WHEREAS the Agency has considered the matter and is of the opinion that Decision Nos. 28-A-1990 and 34-A-1990 should be rescinded.

NOW THEREFORE, IT IS ORDERED THAT:

Decision Nos. 28-A-1990 dated January 23, 1990 and 34-A-1990 dated January 25, 1990 are hereby rescinded.