Order No. 1994-A-494
December 5, 1994
IN THE MATTER OF the operation of a Class 4 Charter domestic service and a domestic service by Shakwak Air Limited - Licence Nos. 882293 and 882294.
File Nos. M4205/S278-4-1
M4205/S278-5-1
WHEREAS under Licence No. 882293, Shakwak Air Limited (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group A, from a base at Kluane River, Yukon Territory;
AND WHEREAS under Licence No. 882294, the Licensee is authorized to operate a domestic service;
AND WHEREAS by Decision No. 785-A-1993 dated November 17, 1993, Licence Nos. 882293 and 882294 were suspended pursuant to subsection 75(2) 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 November 18, 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 November 18, 1994, why its licences should not be cancelled pursuant to subsection 75(1) 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. 882293 and 882294 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. 882293 and 882294.
NOW THEREFORE, IT IS ORDERED THAT:
Licence Nos. 882293 and 882294 are hereby cancelled pursuant to paragraph 75(1)(a) of the NTA, 1987.
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