Order No. 1995-A-524

The suspension is no longer in effect by Decision No. 389-A-1996

December 29, 1995

File Nos. M4205/B17-4-1
M4895/B17-4-1
M4205/B17-5-1

WHEREAS under Licence No. 882163, B.C. Yukon Air Service Limited (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 Dease Lake, British Columbia;

AND WHEREAS under Licence No. 882164, 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 under Licence No. 882165, the Licensee is authorized to operate a domestic service;

AND WHEREAS by Decision No. 406-A-1995 dated June 14, 1995, Licence Nos. 882163, 882164 and 882165 were suspended pursuant to subsection 75(2) and 97(2), as applicable, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987);

AND WHEREAS by Decision No. 478-A-1995 dated July 13, 1995, the suspension of Licence Nos. 882163 and 882164 in respect of the authority to use fixed wing aircraft in Group C and Licence No. 882165 was lifted;

AND WHEREAS by registered letter dated November 2, 1995, Licence Nos. 882163 and 882164 in respect of the authority to use fixed wing aircraft in Group C and Licence No. 882165 were suspended pursuant to subsections 75(1) and 97(1), as applicable, of 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 the said authorities should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the NTA, 1987;

AND WHEREAS by letter dated December 4, 1995, the Licensee has requested the suspension of Licence Nos. 882163, 882164 and 882165;

AND WHEREAS the Agency has reviewed the matter and, in light of Decision No. 406-A-1995, considers it appropriate to suspend Licence Nos. 882163, 882164 and 882165.

NOW THEREFORE, IT IS ORDERED THAT:

1. Licence Nos. 882163, 882164 and 882165 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 December 20, 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 the suspended licences.
3. Alternatively, if no application is filed, the Licensee is required to show cause, by no later than December 20, 1996, why its licences 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 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. 882163, 882164 and 882165 and shall remain affixed thereto as long as the said Order is in force.