Decision No. 688-A-1997
December 12, 1997
APPLICATION by Northern Airlink Ltd. for suspension of Licence No. 972047.
File No. M4210/N155-1
Docket No. 971605
Northern Airlink Ltd. (hereinafter the Licensee) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on December 4, 1997.
Under Licence No. 972047, the Licensee is authorized to operate a domestic service, small aircraft.
Pursuant to paragraph 63(2)(b) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Agency may, subject to section 64, suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation. Section 64 of the CTA requires that the Licensee give notice of the proposal to discontinue a domestic service and that the Licensee shall not implement the proposal until the expiration of sixty (60) days after the notice is given.
The Agency has reviewed the matter and in light of the seasonal nature of the service is of the opinion that compliance by the Licensee with section 64 of the CTA is unnecessary in this case. Accordingly, pursuant to paragraph 80(1)(c) of the CTA, the Agency hereby exempts the Licensee from the application of section 64 of the CTA.
The Agency has considered the application and, pursuant to paragraph 63(2)(b) of the CTA, hereby suspends Licence No. 972047.
To reinstate the suspended licence, the Licensee is hereby required to file an application to that effect within one year from the date of this Decision. If, at that time, upon consideration of the application, the Agency determines that the Licensee meets the requirements of subparagraphs 61(a)(i) to (iii) of the CTA, which provide that the Licensee must be Canadian, must hold a Canadian aviation document and must have prescribed liability insurance coverage, the Agency shall lift the suspension.
Alternatively, one year from the date of this Decision, if the application for reinstatement is not filed or the Licensee ceases to meet any of the requirements of subparagraphs 61(a)(i), (ii) or (iii) of the CTA, the Licensee is required to show cause why Licence No. 972047 should not be cancelled pursuant to subsection 63(1) of the CTA.
This Decision shall form part of Licence No. 972047 and shall remain affixed thereto as long as the said Decision is in force.
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