Decision No. 48-A-1994
February 4, 1994
APPLICATION by Deh Cho Air Limited for suspension of Licence No. 883005 in respect of the authority to use fixed wing aircraft in Group B and Licence No. 883006 in its entirety.
File Nos. M4205/D10-4-1
M4895/D10-4-1
Docket Nos. 940080
940081
Deh Cho Air Limited (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on January 20, 1994.
Under Licence No. 883005, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and C (suspended), from a base at Fort Liard, Northwest Territories.
Under Licence No. 883006, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group B.
The Agency has reviewed the application and considers it appropriate to suspend Licence No. 883005 in respect of the authority to use fixed wing aircraft in Group B and Licence No. 883006 in its entirety.
Licence No. 883005 in respect of the authority to use fixed wing aircraft in Group B and Licence No. 883006 in its entirety are hereby suspended pursuant to subsections 75(2) and 97(2), respectively, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987).
To reinstate the suspended services, the Licensee is hereby required to file an application by no later than February 3, 1995. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee is Canadian, holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance, the Agency shall reinstate that portion of Licence No. 883005 which is suspended and Licence No. 883006 in its entirety.
Alternatively, if no application is filed, the Licensee is required to show cause, by no later than February 3, 1995, why Licence No. 883005 in respect of the authority to use fixed wing aircraft in Group B and Licence No. 883006 in its entirety should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, 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 using fixed wing aircraft in Group B authorized under Licence No. 883005 and in respect of the service for which Licence No. 883006 is issued, 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. 883005 and 883006 and shall remain affixed thereto as long as the said Decision is in force.
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