Decision No. 736-A-1992

December 7, 1992

File No. M4205/T44-4-7

Docket Nos. 921296
921292

Time Air Inc. (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 October 27, 1992.

Under Licence No. 880319, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups B, C, D (limited to the use of DC-3 aircraft in Group D) and E, from a base at Calgary, Alberta.

The Agency has reviewed the application and considers it appropriate to suspend Licence No. 880319 in respect of the authority to use fixed wing aircraft in Group C and to cancel Licence No. 880319 in respect of the authority to use fixed wing aircraft in Group B.

Licence No. 880319 in respect of the authority to use fixed wing aircraft in Group C is hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987).

To reinstate the suspended service, the Licensee is hereby required to file an application by no later than November 25, 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 that portion of the licence which is suspended.

Alternatively, if no application is filed, the Licensee is required to show cause, by no later than November 25, 1993, why its licence in respect of the authority to use fixed wing aircraft in Group C should not be cancelled pursuant to subsection 75(1) 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 service using fixed wing aircraft in Group C authorized under Licence No. 880319, the Licensee ceases to have the qualifications necessary for the issuance of the licence and/or has contravened section 98 of the NTA, 1987.

Licence No. 880319 in respect of the authority to use fixed wing aircraft in Group B is hereby cancelled pursuant to subsection 75(2) of the NTA, 1987.

Condition No. 1 of Licence No. 880319 is hereby amended to read:

The Licensee is authorized to use fixed wing aircraft in Groups C, D (restricted to the use of DC-3 in Group D) and E.

Accordingly, a new document of licence bearing Licence No. 880319 will be issued to Time Air Inc.

This Decision shall form part of Licence No. 880319 and shall remain affixed thereto as long as the said Decision is in force.