Decision No. 608-A-1991

December 11, 1991

File Nos. M4205/S112-4-1
M4895/S112-4-1

Docket Nos. 911187
911188

Southern Aviation Ltd. (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on November 18, 1991.

Under Licence No. 880066, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and C, from a base at Regina, Saskatchewan.

Under Licence No. 880067, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B and C.

By Decision No. 610-A-1990 dated December 5, 1990, Licence Nos. 880066 and 880067 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 November 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 filed a valid certificate of insurance. Alternatively, if the said application was not filed, the Licensee was required to show cause by no later than November 20, 1991 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), as applicable, of the National Transportation Act, 1987, 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. 880066 and 880067, the Licencee ceases to have the qualifications necessary for the issuance of the licences.

The Agency has reviewed the application and considers it appropriate to suspend Licence Nos. 880066 and 880067 in respect of the authority to use fixed wing aircraft in Group A.

Licence No. 880066 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. 880067 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 November 27, 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 November 27, 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), as applicable, of the National Transportation Act, 1987, as failure to meet any of the above 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. 880066 and 880067, 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. 880066 and 880067 and shall remain affixed thereto as long as the said Decision is in force.