Order No. 1991-A-295

June 4, 1991

File Nos. M4895-V39-4-1
M4205-V39-5-1

WHEREAS under Licence No. 880809, Vacationair Inc. (hereinafter the Licensee) is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group F;

AND WHEREAS under Licence No. 890149, the Licensee is authorized to operate a domestic service;

AND WHEREAS by Order No. 1990-A-664 dated November 15, 1990, Licence Nos. 880809 and 890149 were suspended pursuant to subsections 97(2) and 75(2), respectively, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.). The Licensee was required to file by no later than May 13, 1991 an application to reinstate the suspended services which would establish to the satisfaction of the Agency that it still 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 (a valid certificate of insurance); and, alternatively, the Licensee was required to show cause by no later than May 13, 1991 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, if the said application was not filed and as failure to meet the 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;

AND WHEREAS by letter dated May 13, 1991, the solicitor of the Licensee requested the suspension of Licence Nos. 880809 and 890149 until December 31, 1991;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to further suspend Licence Nos. 880809 and 890149.

NOW THEREFORE, IT IS ORDERED THAT:

1. Licence Nos. 880809 and 890149 are hereby suspended pursuant to subsections 97(2) and 75(2), respectively, of the National Transportation Act, 1987.
2. To reinstate the suspended services, the Licensee is hereby required to file an application by no later than December 31, 1991. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee is Canadian, holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance, the Agency shall reinstate the suspended licences.
3. Alternatively, if no application is filed, the Licensee is required to show cause by no later than December 31, 1991 why its licences should not be cancelled pursuant to subsections 97(1) and 75(1), as applicable, of the National Transportation Act, 1987, as failure to meet any of the above requirements and to have filed a valid certificate of insurance 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/or has contravened section 98 of the National Transportation Act, 1987.

This Order shall form part of Licence Nos. 880809 and 890149 and shall remain affixed thereto as long as the said Order is in force.