Decision No. 588-A-1991

November 26, 1991

File Nos. M4205/L42-4-1
M4895/L42-4-1

Docket Nos. 911002
911029

Les Ailes de Gaspé Inc. (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on September 5, 1991.

Under Licence No. 880329, 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 Gaspé, Quebec.

Under Licence No. 880330, 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 Order No. 1990-A-564 dated October 10, 1990, Licence Nos. 880329 and 880330 in respect of the authority to use fixed wing aircraft in Group A were suspended pursuant to subsections 75(2) and 97(2), respectively, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.). The Licensee was required to file, by no later than September 20, 1991, an application to reinstate the suspended services which would establish to the satisfaction of the Agency that it has the qualifications necessary for the issuance of the licences, namely that it is a Canadian, holds a Canadian aviation document (operating certificate) and has prescribed liability insurance coverage (a valid certificate of insurance). Alternatively, the Licensee was required to show cause, by no later than September 20, 1991, why its licences in respect of the authority to use fixed wing aircraft in Group A should not be cancelled pursuant to paragraphs 75(1)(a) and 97(1)(a), as applicable, of the National Transportation Act, 1987, if the said application was not filed and as failure to meet the requirements would give reasonable grounds to the Agency to believe that, in respect of the services using fixed wing aircraft in Group A authorized under Licence Nos. 880329 and 880330, the Licensee ceases to have the qualifications necessary for the issuance of the licences.

The Agency has reviewed the application and considers it appropriate to further suspend Licence Nos. 880329 and 880330 in respect of the authority to use fixed wing aircraft in Group A.

Licence No. 880329 in respect of the authority to use fixed wing aircraft in Group A is hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, and Licence No. 880330 in respect of the authority to use fixed wing aircraft in Group A is hereby suspended pursuant to subsection 97(2) of the National Transportation Act, 1987.

To reinstate the suspended services, the Licensee is hereby required to file an application by no later than September 20, 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 licences which is suspended.

Alternatively, if no application is filed, the Licensee is required to show cause by no later than September 20, 1992 why its licences in respect of the authority to use fixed wing aircraft in Group A should not be cancelled pursuant to subsections 75(1) and 97(1), respectively, 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 services using fixed wing aircraft in Group A authorized under Licence Nos. 880329 and 880330, 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.

This Decision shall form part of Licence Nos. 880329 and 880330 and shall remain affixed thereto as long as the said Decision is in force.