Agency Rulings

Decision No. 737-A-1995

November 8, 1995

APPLICATION by Aviation Les Îles Ltée for a further suspension of Licence No. 883002 in respect of the authority to use fixed wing aircraft in Group A and Licence No. 883003.

File Nos. M4205/A250-4-1
M4895/A250-4-1

Docket Nos. 951741
951742

Aviation Les Îles Ltée (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on October 20, 1995.

Under Licence No. 883002, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and B, from a base at Sainte-Anne-de-Sorel, Quebec.

Under Licence No. 883003, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B.

By Decision No. 634-A-1994 dated September 30, 1994, Licence Nos. 883002 and 883003, inter alia, 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).

By Decision No. 575-A-1995 dated August 17, 1995, the suspension of Licence No. 883002 in respect of the authority to use fixed wing aircraft in Group B was lifted.

The Agency has reviewed the application and considers it appropriate to further suspend Licence No. 883002 in respect of the authority to use fixed wing aircraft in Group A and Licence No. 883003.

Licence No. 883002 in respect of the authority to use fixed wing aircraft in Group A and Licence No. 883003 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 October 31, 1996. 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 Licence No. 883002 which was suspended and Licence No. 883003.

Alternatively, if no application is filed, the Licensee is required to show cause, by no later than October 31, 1996, why the said authorities 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 service using fixed wing aircraft in Group A authorized under Licence No. 883002 and in respect of the service for which Licence No. 883003 was 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. 883002 and 883003 and shall remain affixed thereto as long as the said Decision is in force.