Order No. 1996-A-134

March 29, 1996

IN THE MATTER OF the operation of a Class 9-4 Charter non-scheduled international service by Air Killarney Limited - Licence No. 930376.

File No. M4895/A579-4-1

WHEREAS under Licence No. 930376, Air Killarney Limited (hereinafter the Licensee) is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B (limited to the operation of air transportation between points in Canada and points in the United States of America in Group B);

AND WHEREAS by registered letter dated March 19, 1996, Licence No. 930376 in respect of the authority to use fixed wing aircraft in Group B was suspended pursuant to subsection 97(1) 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 No. 930376 in respect of the authority to use fixed wing aircraft in Group B should not be cancelled pursuant to subsection 97(1) of the NTA, 1987;

AND WHEREAS by letter dated March 20, 1996, the Licensee has requested the suspension of Licence No. 930376 in respect of the authority to use fixed wing aircraft in Group B;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence No. 930376 in respect of the authority to use fixed wing aircraft in Group B.

NOW THEREFORE, IT IS ORDERED THAT:

1. Licence No. 930376 in respect of the authority to use fixed wing aircraft in Group B is hereby suspended pursuant to subsection 97(2) of the NTA, 1987.
2. To reinstate the suspended service, the Licensee is hereby required to file an application by no later than April 15, 1997. 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 licence which is suspended.
3. Alternatively, if no application is filed, the Licensee is required to show cause, by no later than April 15, 1997, why its licence in respect of the authority to use fixed wing aircraft in Group B 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 service using fixed wing aircraft in Group B authorized under Licence No. 930376, the Licensee ceases to have the qualifications necessary for the issuance of the licence and/or has contravened section 98 of the NTA, 1987.

This Order shall form part of Licence No. 930376 and shall remain affixed thereto as long as the said Order is in force.