Decision No. 474-A-1988

December 9, 1988

File Nos. 2-W259-1A
-2A
-3A
-4A

Docket No. 88497

Wapiti Aviation Ltd. (hereinafter the applicant) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on August 29, 1988.

Under Licence No. A.T.C. 1720/67(C), the applicant 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 under Licence No. A.T.C. 569/77(CF), a Class 9-4 Charter non-scheduled international service using the same aircraft, from the same base.

Under Licence No. A.T.C. 3160/80(C), the applicant is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and B, from a base at Grande Cache, Alberta; and under Licence No. A.T.C. 2518/76(NS), a Class 3 Specific Point domestic service using fixed wing aircraft in Groups A, B and C, serving the points Peace River, Grande Prairie, Grande Cache, Jasper/Hinton, Edson, Edmonton, Whitecourt, Fairview, High Prairie, Slave Lake, Athabaska, Lac La Biche and Fort McMurray, Alberta.

By letter dated June 28, 1988, the applicant states that its Operating Certificates were suspended by Transport Canada on April 17, 1986. However, the suspension was set aside by the Associate Chief Justice in his Order dated May 21, 1986. On May 31, 1988, the applicant suspended all its flight operations and on June 2, 1988, voluntarily returned its Operating Certificates to Transport Canada. The decision by Transport Canada to cancel the applicant's Operating Certificates is under review by the Civil Aviation Tribunal. As a result, the applicant requests that its licences be suspended until the litigation is resolved.

The Agency has reviewed the application and considers it appropriate to suspend Licence Nos. A.T.C. 1720/67(C), A.T.C. 569/77(CF), A.T.C. 3160/80(C) and A.T.C. 2518/76(NS) until December 31, 1988, as licences issued under Part II of the Aeronautics Act, R.S.C. 1970, c. A-3 remain in effect for a period not exceeding twelve months after January 1, 1988, as set out in section 109 of the National Transportation Act, 1987, S.C. 1987, c. 34. The application is hereby approved with modification.

Licence Nos. A.T.C. 1720/67(C), A.T.C. 569/77(CF), A.T.C. 3160/80(C) and A.T.C. 2518/76(NS) are hereby suspended, pursuant to subsections 75(2) and 97(2) of the National Transportation Act, 1987, until December 31, 1988.

Wapiti Aviation Ltd. should take note, however, that if it fails to meet the requirements set out in paragraph 72(2)(a) and subsection 94(1) of the National Transportation Act, 1987, the said licences will no longer be in effect after December 31, 1988.

This Decision shall form part of Licence Nos. A.T.C. 1720/67(C), A.T.C. 569/77(CF), A.T.C. 3160/80(C) and A.T.C. 2518/76(NS) and shall remain affixed thereto as long as the said Decision is in force.