Order No. 1998-A-13

January 28, 1998

File No. M4210/K35-1

Under Licence No. 962461, Steve Konopelky carrying on business as Konopelky Air Service (hereinafter the Licensee) is authorized to operate a domestic service, small aircraft.

By Order No. 1997-A-752 dated December 19, 1997, Licence No. 962461 was suspended pursuant to subsection 63(1) 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 (30) days from the date of the Order why Licence No. 962461 should not be cancelled pursuant to subsection 63(1) of the CTA.

In response to the Order requiring the Licensee to show cause why Licence No. 962461 should not be cancelled, the Licensee has requested another suspension of its licence.

Pursuant to paragraph 63(2)(b) of the CTA, the Agency may suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation.

The Agency has considered the matter and, in light of the fact that the certificate of insurance of the Licensee on file with the Agency has been cancelled on November 16, 1997, has determined pursuant to subsection 27(1) of the CTA that this matter should be dealt with pursuant to the provisions of subsection 63(1) of the CTA which require the Agency to suspend or cancel licences when licensees fail to meet the requirement of subparagraph 61(a)(iii) of the CTA.

In light of the fact that the Licensee does not meet the requirement of subparagraph 61(a)(iii), the Agency, pursuant to subsection 63(1) of the CTA, hereby suspends Licence No. 962461.

To reinstate the suspended licence, the Licensee is hereby required to file an application to that effect within one year from the date of this Decision. If, at that time, upon consideration of the application, the Agency determines that the Licensee meets the requirements of subparagraphs 61(a)(i) to (iii) of the CTA, which provide that the Licensee must be Canadian, must hold a Canadian aviation document and must have prescribed liability insurance coverage, the Agency shall lift the suspension.

Alternatively, one year from the date of this Decision, if the application for reinstatement is not filed or the Licensee does not meet any of the requirements of subparagraphs 61(a)(i), (ii) or (iii) of the CTA, the Licensee is provided an additional thirty (30) days to show cause why Licence No. 962461 should not be cancelled pursuant to subsection 63(1) of the CTA.

This Decision shall be affixed to Licence No. 962461 and the suspension of the licence shall remain in effect until further order of the Agency.