Order No. 1991-A-434

August 16, 1991

August 16, 1991

IN THE MATTER OF Decision Nos. 357-A-1988 dated September 28, 1988 and 412-A-1988 dated October 27, 1988 - Canada West Air Ltd.

File Nos. M4895-C11-4
M4205-C11-4


WHEREAS by Decision No. 375-A-1988 dated September 28, 1988, Canada West Air Ltd. (hereinafter the applicant) was granted authority to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups B, C and E, from a base at Vancouver (Vancouver International Airport), British Columbia, upon its establishing to the satisfaction of the National Transportation Agency (hereinafter the Agency) that it meets the requirements set out in subsection 94(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.);

WHEREAS by Decision No. 412-A-1988 dated October 27, 1988, the applicant was granted authority to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups B, C and E, from a base at Vancouver, British Columbia, upon its establishing to the satisfaction of the Agency that it meets the requirements set out in paragraph 72(2)(a) of the National Transportation Act, 1987;

AND WHEREAS licences in respect of the authority to use fixed wing aircraft in Group E were issued to the applicant. Subsequently, by Order No. 1990-A-491 dated September 10, 1990, the licences were cancelled;

AND WHEREAS by registered letter dated June 18, 1991, the applicant was required to show cause on or before July 18, 1991 why the authority granted by Decision Nos. 357-A-1988 and 412-A-1988 in respect of the authority to use fixed wing aircraft in Groups B and C should not be rescinded for failure to meet the requirements of the Agency;

AND WHEREAS the show cause letter was returned to the Agency postmarked by Canada Post Corporation as "Moved address unknown";

AND WHEREAS repeated attempts were made by the Agency to contact the applicant and they were unsuccessful;

AND WHEREAS to date, the applicant has failed to establish to the satisfaction of the Agency that it has the qualifications necessary for licence issuance;

AND WHEREAS the Agency has considered the matter and is of the opinion that Decision Nos. 357-A-1988 and 412-A-1988 in respect of the authority to use fixed wing aircraft in Groups B and C should be rescinded.

NOW THEREFORE, IT IS ORDERED THAT:

Decision Nos. 357-A-1988 and 412-A-1988 dated September 28, 1988 and October 27, 1988, respectively, in respect of the authority to use fixed wing aircraft in Groups B and C are hereby rescinded.

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