Order No. 1996-A-431

October 9, 1996

File No. M4895/H139-4-1

WHEREAS under NTA Licence No. 950115, Thumb Energy, Inc. doing business as Hathaway Air Service (hereinafter the Licensee) is authorized to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America;

AND WHEREAS by Order No. 1996-A-306 dated August 8, 1996, NTA Licence No. 950115 was suspended pursuant to paragraph 75(1)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), for failure by the Licensee to file with the Canadian Transportation Agency (hereinafter the Agency) a valid certificate of insurance. The Licensee was required to show cause within thirty days from the date of the Order why NTA Licence No. 950115 should not be cancelled pursuant to paragraph 75(1)(b) of the CTA;

AND WHEREAS to date, the Licensee has failed to either file an application to reinstate the suspended service establishing to the satisfaction of the Agency that it has the qualifications necessary for the issuance of NTA Licence No. 950115 or to show cause why its licence should not be cancelled;

AND WHEREAS the Agency has determined that, in respect of the service for which the licence is issued, the Licensee ceases to meet the requirement of subparagraph 73(1)(a)(iii) of the CTA;

AND WHEREAS pursuant to paragraph 75(1)(b) of the CTA, the Agency must suspend or cancel a non-scheduled international licence where the Agency has made such a determination;

AND WHEREAS the Agency is of the opinion that in the present circumstances NTA Licence No. 950115 should be cancelled.

NOW THEREFORE, IT IS ORDERED THAT:

NTA Licence No. 950115 is hereby cancelled pursuant to paragraph 75(1)(b) of the CTA.