Decision No. 715-A-1992

November 30, 1992

File Nos. M4205/M64-4-1
M4895/M64-4-1
M4205/M64-5-1

Docket Nos. 921159
921160
921172
921173
921323

Millardair Limited (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension and cancellation set out in the title. The application was received on September 28, 1992.

Under Licence No. 882766, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B, C, D (limited to DC-3 aircraft in Group D) and E (limited to DC-4 aircraft in Group E, for the transportation of goods only, with attendants when required), from a base at Toronto, Ontario.

Under Licence No. 882767, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B, C, D (limited to DC-3 aircraft in Group D) and E (limited to DC-4 aircraft in Group E, for the transportation of goods only, with attendants when required).

Under Licence No. 882768, the Licensee is authorized to operate a domestic service.

By Order No. 1991-A-377 dated July 17, 1991, Licence Nos. 882766 and 882768 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) and Licence No. 882767 was suspended pursuant to subsection 97(2) of the NTA, 1987.

The Agency has reviewed the application and considers it appropriate to cancel Licence Nos. 882766 and 882767 in respect of the authority to use fixed wing aircraft in Groups A and C and to suspend the remaining portion of Licence Nos. 882766 and 882767 and Licence No. 882768 in its entirety.

Licence Nos. 882766 and 882767 in respect of the authority to use fixed wing aircraft in Groups A and C are hereby cancelled pursuant to subsections 75(2) and 97(2), respectively, of the NTA, 1987.

Condition No. 1 of Licence Nos. 882766 and 882767 is hereby amended to read:

The Licensee is authorized to use fixed wing aircraft in Groups B, D (limited to DC-3 aircraft in Group D) and E (limited to DC-4 aircraft in Group E, for the transportation of goods only, with attendants when required).

Accordingly, new documents of licence bearing Licence Nos. 882766 and 882767 will be issued to Millardair Limited.

Licence Nos. 882766 and 882768 are hereby suspended pursuant to subsection 75(2) of the NTA, 1987 and Licence No. 882767 is hereby suspended pursuant to subsection 97(2) of the NTA, 1987.

To reinstate the suspended services, the Licensee is hereby required to file an application by no later than November 5, 1993. 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 November 5, 1993 why its licences should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the NTA, 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 NTA, 1987.

This Decision shall form part of Licence Nos. 882766, 882767 and 882768 and shall remain affixed thereto as long as the said Decision is in force.