Order No. 1996-A-489

November 25, 1996

File Nos. M4205/W23-4-2
M4895/W23-4-1
M4205/W23-5-1
M4205/W23-4-1
M4205/W23-6-1
M4205/W23-3-1

WHEREAS under NTA Licence No. 882679, Westair Aviation 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 Vancouver International Airport, British Columbia;

AND WHEREAS under NTA Licence No. 882680, 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 NTA Licence No. 882681, the Licensee is authorized to operate a domestic service;

AND WHEREAS under NTA Licence No. 910056, 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 Grande Prairie, Alberta;

AND WHEREAS under NTA Licence No. 920093, the Licensee is authorized to operate a Class 4G General domestic service restricted to the transportation of sick or injured persons and family members, medical personnel and medical equipment and supplies under a contract with the provincial government from any point in Canada to Grande Prairie, Calgary and Edmonton, Alberta and Vancouver, British Columbia, using fixed wing aircraft in Group C;

AND WHEREAS under NTA Licence No. 930374, the Licensee is authorized to operate a Class 3 Specific Point domestic service using fixed wing aircraft in Group B, serving the points Grande Prairie, Alberta and Tumbler Ridge, British Columbia;

AND WHEREAS Transport Canada has advised the Canadian Transportation Agency (hereinafter the Agency) that the Canadian aviation document of the Licensee has been suspended;

AND WHEREAS pursuant to subparagraphs 61(a)(ii) and 73(1)(a)(ii) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Licensee must establish to the satisfaction of the Agency that it holds a valid Canadian aviation document issued by the Minister of Transport in respect of the services to be provided under the licences;

AND WHEREAS the Agency has determined that, in respect of the services for which the licences are issued, the Licensee ceases to meet the requirement of subparagraphs 61(a)(ii) and 73(1)a)(ii) of the CTA;
AND WHEREAS pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, the Agency must suspend or cancel a domestic licence and 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 it should suspend immediately the domestic licences and the non-scheduled international licence and require the Licensee to show cause within thirty days why the said licences should not be cancelled.

NOW THEREFORE, IT IS ORDERED THAT:

1. NTA Licence Nos. 882679, 882680, 882681, 910056, 920093 and 930374 are hereby suspended pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, as applicable.
2. The Licensee is hereby required to show cause within thirty days from the date of this Order why the said licences should not be cancelled pursuant to subsection 63(1) and paragraph 75(1)(a) of the CTA, as applicable.

This Order shall form part of NTA Licence Nos. 882679, 882680, 882681, 910056, 920093 and 930374 and shall remain affixed thereto as long as the said Order is in force.