Decision No. 578-A-1991

November 22, 1991

File No. M4205/A441-5-1

Docket No. 911094

Aviamax Inc. (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on October 24, 1991.

Under Licence No. 900230, the Licensee is authorized to operate a domestic service.

By Decision No. 261-A-1991 dated May 17, 1991, Licence No. 900230 was 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 October 31, 1991, to reinstate the suspended service 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 October 31, 1991, why its licence 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 service for which the licence is issued, 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.

The Agency has reviewed the application and considers it appropriate to further suspend Licence No. 900230.

Licence No. 900230 is hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).

To reinstate the suspended service, the Licensee is hereby required to file an application by no later than November 1, 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 the suspended licence.

Alternatively, if no application is filed, the Licensee is required to show cause by no later than November 1, 1992 why its licence 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 for which the licence is issued, 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. 900230 and shall remain affixed thereto as long as the said Decision is in force.