Order No. 1996-A-438

October 15, 1996

File No. M4895/N195-9-1

WHEREAS under NTA Licence No. 950347, Northstate Asphalt, Inc. doing business as Northstate Aviation (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 registered letter dated June 27, 1996, NTA Licence No. 950347 was suspended pursuant to subsection 94(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 (hereinafter the NTA) a valid certificate of insurance. The Licensee was required to show cause within twenty-one (21) days from the date of the letter why NTA Licence No. 950347 should not be cancelled pursuant to subsection 94(1) of the NTA, 1987;

AND WHEREAS on July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) came into effect. Pursuant to section 195 of the CTA and to the Discontinuance and Continuance of Proceedings Order, 1996, SOR/96-383, proceedings relating to certain matters before the NTA, prior to the coming into effect of section 195, shall be dealt with by the Canadian Transportation Agency (hereinafter the Agency), pursuant to the provisions of the CTA. This proceeding is included in the Order as a matter to be dealt with and determined pursuant to the provisions 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. 950347 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. 950347 should be cancelled.

NOW THEREFORE, IT IS ORDERED THAT:

NTA Licence No. 950347 is hereby cancelled pursuant to paragraph 75(1)(b) of the CTA.