Decision No. 28-A-1997

January 30, 1997

File No. M4210/W175-1

Docket No. 962430

Wells Gray Air Services Ltd. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on October 8, 1996.

Under Licence No. 962202, the Licensee is authorized to operate a domestic service, small aircraft.

Pursuant to paragraph 63(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Agency may, subject to section 64, suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation. Section 64 of the CTA requires that the Licensee give notice of the proposal to discontinue the service and that the Licensee shall not implement the proposal until the expiration of sixty (60) days after the notice is given.

The Agency has reviewed the matter and in light of the fact that the Licensee's insurance coverage prescribed in the certificate of insurance on file with the Agency has been cancelled effective November 7, 1996, is of the view that compliance by the Licensee with section 64 of the CTA is unnecessary. Accordingly, pursuant to paragraph 80(1)(c) of the CTA, the Agency hereby exempts the Licensee from the application of section 64 of the CTA.

The Agency has considered this application and in accordance with the request of the Licensee will suspend Licence No. 962202.

Pursuant to paragraph 63(2)(b) of the CTA, Licence No. 962202 is hereby suspended. Further, 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 set out in paragraph 61(a) of the CTA, specifically that the Licensee is Canadian, holds a Canadian aviation document and has prescribed liability insurance coverage, the Agency shall lift the suspension.

However, within one year from the date of this Decision, if the Agency determines that, in respect of the service for which the licence was issued, the Licensee does not meet any of the requirements set out in subparagraphs 61(a)(i) to (iii) of the CTA, the said licence shall be cancelled pursuant to subsection 63(1) of the CTA.

This Decision shall form part of Licence No. 962202 and shall remain affixed thereto as long as the said Decision is in force.