Order No. 1995-A-37

February 9, 1995

February 9, 1995

IN THE MATTER OF the operation of Class 4 Charter domestic services and a Class 9-4 Charter non-scheduled international service by Northwest Flying Inc. - Licence Nos. 882772, 882773 and 882774.

File Nos. M4205/N82-4-2
M4205/N82-4-1 M4895/N82-4-1


WHEREAS under Licence No. 882772, Northwest Flying Inc. (hereinafter 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 Sioux Narrows, Ontario;

AND WHEREAS under Licence No. 882773, 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 Nestor Falls, Ontario;

AND WHEREAS under Licence No. 882774, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B and C;

AND WHEREAS by registered letter dated January 11, 1995, Licence Nos. 882772, 882773 and 882774 in respect of the authority to use fixed wing aircraft in Groups B and C were suspended pursuant to subsections 75(1) and 97(1), as applicable, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), for failure by the Licensee to file with the National Transportation Agency a valid certificate of insurance. The Licensee was required to show cause within twenty-one (21) days from the date of the letter why Licence Nos. 882772, 882773 and 882774 in respect of the authority to use fixed wing aircraft in Groups B and C should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the NTA, 1987;

AND WHEREAS by letter dated February 2, 1995, the Licensee has requested the suspension of Licence Nos. 882772, 882773 and 882774 in respect of the authority to use fixed wing aircraft in Groups B and C;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 882772, 882773 and 882774 in respect of the authority to use fixed wing aircraft in Groups B and C.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 882772, 882773 and 882774 in respect of the authority to use fixed wing aircraft in Groups B and C are hereby suspended pursuant to subsections 75(2) and 97(2), as applicable, of the NTA, 1987.
  2. To reinstate the suspended services, the Licensee is hereby required to file an application by no later than February 12, 1996. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee is Canadian, holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance, the Agency shall reinstate that portion of the licences which is suspended.
  3. With respect to the request to suspend the services until May 1, 1995, 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 February 12, 1996, why its licences in respect of the authority to use fixed wing aircraft in Groups B and C should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, 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 using fixed wing aircraft in Groups B and C authorized under Licence Nos. 882772, 882773 and 882774, 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. 882772, 882773 and 882774 and shall remain affixed thereto as long as the said Order is in force.

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