Decision No. 621-A-1991
December 19, 1991
APPLICATION by Skyway Air Services Ltd. for a further suspension of Licence Nos. 882939, 882940 and 882941.
File Nos. M4205/S90-4-1
M4895/S90-4-1
M4205/S90-5-1
Docket Nos. 911300
911301
911302
Skyway Air Services 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 29, 1991.
Under Licence No. 882939, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group A, from a base at Langley, British Columbia.
Under Licence No. 882940, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group A.
Under Licence No. 882941, the Licensee is authorized to operate a domestic service.
By Order No. 1990-A-652 dated November 7, 1990, Licence Nos. 882939 and 882941 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) and Licence No. 882940 was suspended pursuant to subsection 97(2) of the National Transportation Act, 1987. The Licensee was required to file, by no later than October 28, 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, if the said application was not filed, the Licensee was required to show cause by no later than October 28, 1991 why its licences 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 for which the licences are issued, 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. 882939, 882940 and 882941.
Licence Nos. 882939 and 882941 are hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987 and Licence No. 882940 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 December 11, 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 licences.
Alternatively, if no application is filed, the Licensee is required to show cause, by no later than December 11, 1992, why its licences 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 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.
This Decision shall form part of Licence Nos. 882939, 882940 and 882941 and shall remain affixed thereto as long as the said Decision is in force.
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