Order No. 1992-A-436

December 15, 1992

File Nos. M4895/A445-4-1
M4895/A445-5-1

WHEREAS under Licence No. 910286, Air Foyle Limited (hereinafter the Licensee) is authorized to operate a Class 9-4 Charter non- scheduled international service to transport goods between points in the United Kingdom and points in Canada, using fixed wing aircraft in Group H;

AND WHEREAS under Licence No. 910303, the Licensee is authorized to operate a Class 9-4R Restricted Charter non-scheduled international service using fixed wing aircraft in Group H;

AND WHEREAS by Order No. 1992-A-346 dated September 21, 1992, Licence No. 910286 was suspended pursuant to paragraph 97(1)(a) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) and the Licensee was required to show cause within thirty (30) days from the date of the Order why the said licence should not be cancelled pursuant to paragraph 97(1)(a) of the NTA, 1987;

AND WHEREAS by Order No. 1992-A-357 dated October 6, 1992, Licence No. 910303 was suspended pursuant to paragraph 97(1)(a) of the NTA, 1987 and the Licensee was required to show cause within thirty (30) days from the date of the Order why the said licence should not be cancelled pursuant to paragraph 97(1)(a) of the NTA, 1987;

AND WHEREAS by letters dated September 29 and November 3, 1992, the solicitor for the Licensee has requested the suspension of Licence Nos. 910286 and 910303;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 910286 and 910303.

NOW THEREFORE, IT IS ORDERED THAT:

1. Licence Nos. 910286 and 910303 are hereby suspended pursuant to subsection 97(2) of the NTA, 1987.
2. To reinstate the suspended services, the Licensee is hereby required to file an application by no later than December 2, 1993. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance, the Agency shall reinstate the suspended licences.
3. With respect to the request to suspend the licences for a period of six (6) months, the Licensee may file an application whenever it is willing and able to reinstate the services.
4. Alternatively, if no application is filed, the Licensee is required to show cause, by no later than December 3, 1993, why its licences should not be cancelled pursuant to subsection 97(1) of the NTA, 1987, as failure to meet any of the above 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/or has contravened section 98 of the NTA, 1987.

This Order shall form part of Licence Nos. 910286 and 910303 and shall remain affixed thereto as long as the said Order is in force.