Decision No. 576-A-1991

November 21, 1991

November 21, 1991

APPLICATION by Tamarac Air Service Ltée. to lift the suspension of Licence No. 883605 in respect of the authority to use fixed wing aircraft in Group A and Licence No. 883606 in its entirety, imposed by Order No. 1991-A-282 dated May 29, 1991; and for a further suspension of Licence No. 883605 in respect of the authority to use fixed wing aircraft in Group B.

File Nos. M4205/T5-4-1
M4205/T5-5-1

Docket Nos. 911013
911014


Under Licence No. 883605, Tamarac Air Service Ltée. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and B, from a base at Clova, Quebec.

Under Licence No. 883606, the Licensee is authorized to operate a domestic service.

By Order No. 1991-A-282 dated May 29, 1991, Licence Nos. 883605 and 883606 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.). The Licensee was required to file an application, by no later than September 25, 1991, to reinstate the suspended services which would establish to the satisfaction of the Agency that it is Canadian, holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance. Alternatively, the Licensee was required to show cause, by no later than September 25, 1991, why its licences should not be cancelled pursuant to subsection 75(1) of the National Transportation Act, 1987, if the said application was not filed and as failure to meet the requirements and to have filed a valid certificate of insurance would give reasonable grounds to the Agency to believe that, in respect of the services for which the licences are issued, the Licensee ceases to have the qualifications necessary for the issuance of the licences and/or has contravened section 98 of the National Transportation Act, 1987.

By letter dated September 23, 1991, the Licensee requested the further suspension of Licence Nos. 883605 and 883606 in order to allow it time to meet the requirements of Transport Canada and obtain its new operating certificate.

By letter dated September 24, 1991, Transport Canada advised the Agency that the licensee's operating certificate has been reinstated.

The Agency notes that the certificate of insurance on file is valid for the operation of air services using fixed wing aircraft in Group A only.

The Agency has reviewed the matter and is satisfied that the Licensee has the qualifications necessary for the issuance of Licence No. 883605 in respect of the authority to use fixed wing aircraft in Group A only and Licence No. 883606 in its entirety. Accordingly, the Agency is of the opinion that the suspension imposed by Order No. 1991-A-282 should be lifted. Moreover, the Agency considers it appropriate to further suspend Licence No. 883605 in respect of the authority to use fixed wing aircraft in Group B.

The suspension of Licence No. 883605 in respect of the authority to use fixed wing aircraft in Group A and Licence No. 883606 in its entirety, imposed by Order No. 1991-A-282 dated May 29, 1991 is hereby lifted.

Licence No. 883605 in respect of the authority to use fixed wing aircraft in Group B is hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987.

To reinstate the suspended service, the Licensee is hereby required to file an application by no later than November 12, 1992. 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 the licence which is suspended.

Alternatively, if no application is filed, the Licensee is required to show cause, by no later than November 12, 1992, why its licence in respect of the authority to use fixed wing aircraft in Group B should not be cancelled pursuant to subsection 75(1) of the National Transportation Act, 1987, as failure to meet any of the above requirements and to have filed a valid certificate of insurance 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. 883605, the Licensee ceases to have the qualifications necessary for the issuance of the licence and/or has contravened section 98 of the National Transportation Act, 1987.

This Decision shall form part of Licence No. 883605 and shall remain affixed thereto as long as the said Decision is in force.

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