Decision No. 800-A-1994

December 6, 1994

File Nos. M4205/P72-4-2
M4895/P72-4-1

Docket Nos. 942020
942021

Powell Air 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 28, 1994.

Under Licence No. 883054, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B, C and E (limited to propeller-driven aircraft in Group E), from a base at Powell River, British Columbia.

Under Licence No. 883056, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B, C and E (limited to propeller-driven aircraft in Group E).

By Decision No. 809-A-1993 dated November 25, 1993, Licence Nos. 883054 and 883056 in respect of the authority to use fixed wing aircraft in Groups A and E 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.) (hereinafter the NTA, 1987).

The Agency has reviewed the application and considers it appropriate to suspend Licence Nos. 883054 and 883056 in respect of the authority to use fixed wing aircraft in Groups A and E.

Licence Nos. 883054 and 883056 in respect of the authority to use fixed wing aircraft in Groups A and E are hereby suspended pursuant to subsections 75(2) and 97(2), respectively, of the NTA, 1987.

To reinstate the suspended services, the Licensee is hereby required to file an application by no later than December 6, 1995. 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 December 6, 1995, why its licences in respect of the authority to use fixed wing aircraft in Groups A and E 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 using fixed wing aircraft in Groups A and E authorized under Licence Nos. 883054 and 883056, 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. 883054 and 883056 and shall remain affixed thereto as long as the said Decision is in force.