Order No. 1994-A-189

May 19, 1994

File Nos. M4205/T78-4-3
M4895/T78-4-1
M4205/T78-5-1
M4895/T78-2-1
M4205/T78-2-1
M4205/T78-3-1
M4205/T78-4-2
M4205/T78-4-1

WHEREAS under Licence No. 880219, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B, C and E, from a base at Prince Rupert, British Columbia;

AND WHEREAS under Licence No. 880220, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B, C and E;

AND WHEREAS under Licence No. 880221, the Licensee is authorized to operate a domestic service;

AND WHEREAS under Licence No. 880793, the Licensee is authorized to operate a scheduled international service using fixed wing aircraft in Groups A, B and C, serving the points Prince Rupert, British Columbia, Canada and Ketchikan, Alaska, U.S.A.;

AND WHEREAS under Licence No. 883448, the Licensee is authorized to operate a Class 2 Regular Specific Point domestic service using fixed wing aircraft in Groups A, B and C, serving the points Prince Rupert, Alice Arm/Kitsault Village and Stewart, British Columbia;

AND WHEREAS under Licence No. 883449, the Licensee is authorized to operate a Class 3 Specific Point domestic service using fixed wing aircraft in Groups B, C and D, serving the points Terrace, Kemano, Bob Quinn Lake, Eddontenajon, Telegraph Creek, Alice Arm/Kitsault Village, Stewart, Dease Lake and Smithers, British Columbia and the points listed from time to time in Appendix "A" of the licence, i.e. Minette Bay (Kitimat), Kinaskan Lake, Schaft Creek, Snippaker Creek and Sturdy Valley;

AND WHEREAS under Licence No. 883450, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups B and C, from a base at Alliford Bay, British Columbia;

AND WHEREAS under Licence No. 883451, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and C, from a base at Terrace, British Columbia;

AND WHEREAS by Decision No. 188-A-1993 dated April 13, 1993, Licence Nos. 880219, 880220, 880221, 880793, 883448, 883449, 883450 and 883451 were suspended pursuant to subsections 75(2), 92(2) and 97(2), as applicable, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987. The Licensee was required to file an application by no later than April 15, 1994 to reinstate the suspended services which would establish to the satisfaction of the Agency that it is Canadian, holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance. Alternatively, if the said application was not filed, the Licensee was required to show cause by no later than April 15, 1994, why its licences should not be cancelled pursuant to subsections 75(1), 92(1) and 97(1), as applicable, of the NTA, 1987, 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/or has contravened section 98 of the NTA, 1987;

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. 880219, 880220, 880221, 880793, 883448, 883449, 883450 and 883451 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. 880219, 880220, 880221, 880793, 883448, 883449, 883450 and 883451.

NOW THEREFORE, IT IS ORDERED THAT:

Licence Nos. 880219, 880220, 880221, 880793, 883448, 883449, 883450 and 883451 are hereby cancelled pursuant to paragraphs 75(1)(a), 92(1)(a) and 97(1)(a), as applicable, of the NTA, 1987.