Order No. 1991-A-538

November 5, 1991

November 5, 1991

IN THE MATTER OF the operation of a Class 4 Charter domestic service, a Class 9-4 Charter non-scheduled international service and a domestic service by Can-Air Services Ltd. - Licence Nos. 883277, 883278 and 883279.

File Nos. M4205/C17-4-1
M4895/C17-4-1
M4205/C17-5-1


WHEREAS under Licence No. 883277, Can-Air Services Ltd. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group B, from a base at Edmonton, Alberta;

AND WHEREAS under Licence No. 883278, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group B, restricted to flights originating at or terminating at a point or points outside the designated area;

AND WHEREAS under Licence No. 883279, the Licensee is authorized to operate a domestic service;

AND WHEREAS by Order No. 1991-A-182 dated April 9, l991, Licence Nos. 883277 and 883279 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), and Licence No. 883278 was suspended pursuant to subsection 97(2) of the National Transportation Act, 1987. The Licensee was required to file by no later than October 1, 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 a valid certificate of insurance. Alternatively, the Licensee was required to show cause by no later than October 1, 1991, why its licences should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, 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 services for which the licences are issued, the Licensee ceases to have the qualifications necessary for the issuance of the licences;

AND WHEREAS to date, the Licensee has failed to either file an application to reinstate the suspended services establishing to the satisfaction of the Agency that it has the qualifications necessary for the issuance of Licence Nos. 883277, 883278 and 883279 or to show cause why its licences should not be cancelled;

AND WHEREAS the Agency has reasonable grounds 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 said licences;

AND WHEREAS the Agency considers it appropriate to cancel Licence Nos. 883277, 883278 and 883279.

NOW THEREFORE, IT IS ORDERED THAT:

Licence Nos. 883277 and 883279 are hereby cancelled pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987 and Licence No. 883278 is hereby cancelled pursuant to paragraph 97(1)(a) of the National Transportation Act, 1987.

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