Decision No. 36-A-1995

January 24, 1995

January 24, 1995

APPLICATION by Huron Aviation Inc. for a further suspension of Licence No. 880830 in its entirety and Licence No. 882834 in respect of the authority to use fixed wing aircraft in Group B.

File Nos. M4895/H60-3-1
M4895/H60-4-1


Huron Aviation Inc. (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on January 13, 1995.

Under Licence No. 880830, the Licensee is authorized to operate a Class 9-3 Unit Toll non-scheduled international service serving the points Sarnia, Ontario, Canada and Akron, Ohio, U.S.A.

Under Licence No. 882834, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B.

By Decision No. 63-A-1994 dated February 14, 1994, Licence No. 880830 in its entirety and Licence No. 882834 in respect of the authority to use fixed wing aircraft in Group B were suspended pursuant to subsection 97(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987).

The Agency has reviewed the application and considers it appropriate to suspend Licence No. 880830 in its entirety and Licence No. 882834 in respect of the authority to use fixed wing aircraft in Group B.

Licence No. 880830 in its entirety and Licence No. 882834 in respect of the authority to use fixed wing aircraft in Group B are hereby suspended pursuant to subsection 97(2) of the NTA, 1987.

To reinstate the suspended services, the Licensee is hereby required to file an application by no later than January 23, 1996. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee has the qualifications necessary for the issuance of Licence No. 880830 pursuant to the Regional, Local and Commuter Services Agreement contained in Diplomatic Notes ETT-1483 and 300 exchanged between the Government of Canada and the Government of the United States of America on August 21, 1984, and that it is, pursuant to section 93 of the NTA, 1987, eligible to hold the licence, that it is a Canadian, holds a Canadian aviation document (operating certificate) and a valid certificate of insurance, the Agency shall reinstate Licence No. 880830. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee has the qualifications necessary for the issuance of Licence No. 882834, namely that it is Canadian, holds a Canadian aviation document (operating certificate) and a valid certificate of insurance, the Agency shall reinstate that portion of Licence No. 882834 which is suspended.

Alternatively, if no application is filed, the Licensee is required to show cause, by no later than January 23, 1996, why Licence No. 880830 in its entirety and Licence No. 882834 in respect of the authority to use fixed wing aircraft in Group B should not be cancelled pursuant to subsection 97(1) of the NTA, 1987, as failure to meet any of the above requirements would give reasonable grounds to the Agency to believe that, in respect of the service authorized under Licence No. 880830 and in respect of the service using fixed wing aircraft in Group B authorized under Licence No. 882834, the Licensee ceases to have the qualifications necessary for the issuance of the licences and/or has contravened section 98 of the NTA, 1987.

This Decision shall form part of Licence Nos. 880830 and 882834 and shall remain affixed thereto as long as the said Decision is in force.

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