Agency Rulings

Order No. 1990-A-605

October 26, 1990

IN THE MATTER OF the operation of a domestic service, a Class 4 Charter domestic service and a Class 9-4 Charter non-scheduled international service by Flywest Air Ltd. -Licence Nos. 880246, 880247 and 880248.

File Nos. M4205-F41-5
M4205-F41-4
M4895-F41-4

WHEREAS under Licence No. 880246, Flywest Air Ltd. (hereinafter the Licensee) is authorized to operate a domestic service;

AND WHEREAS under Licence No. 880247, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and C, from a base at Dease Lake, British Columbia;

AND WHEREAS under Licence No. 880248, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and C;

AND WHEREAS by registered letter dated August 17, 1990, Licence Nos. 880246 and 880247 were suspended pursuant to subsection 75(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), and Licence No. 880248 was suspended pursuant to subsection 97(1) of the National Transportation Act, 1987, for failure by the Licensee to file with the Agency a valid certificate of insurance. The Licensee was required to show cause within twenty-one (21) days from the date of the letter why Licence Nos. 880246, 880247 and 880248 should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the National Transportation Act, 1987;

AND WHEREAS to date, the Licensee has failed to either file with the Agency the required certificate of insurance or to respond to the aforementioned letter;

AND WHEREAS the Agency has reasonable grounds 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 said licences;

AND WHEREAS the Agency considers it appropriate to cancel Licence Nos. 880246, 880247 and 880248.

NOW THEREFORE, IT IS ORDERED THAT:

Licence Nos. 880246 and 880247 are hereby cancelled pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987 and Licence No. 880248 is hereby cancelled pursuant to paragraph 97(1)(a) of theNational Transportation Act, 1987.