Agency Rulings

Order No. 1994-A-413

October 12, 1994

IN THE MATTER OF the operation of a Class 4 Charter domestic service and a domestic service by Sioux Narrows Airways Ltd. - Licence Nos. 882482 and 882483.

File Nos. M4205/S67-4-1
M4205/S67-5-1

WHEREAS under Licence No. 882482, Sioux Narrows Airways Ltd. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B, C and D (restricted to the use of DC-3 aircraft in Group D), from a base at Yellowknife, Northwest Territories, on a seasonal basis for the period only between break-up and freeze-up in each year. The Licensee must report yearly all operations performed in addition to the services to fishing lodge camps operated by Plummer's Great Bear Lake Lodge Ltd.;

AND WHEREAS under Licence No. 882483, the Licensee is authorized to operate a domestic service;

AND WHEREAS by registered letter dated September 28, 1994, Licence Nos. 882482 and 882483 were suspended pursuant to subsection 75(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), for failure by the Licensee to hold a valid operating certificate. The Licensee was required to show cause within twenty-one (21) days from the date of the letter why Licence Nos. 882482 and 882483 should not be cancelled pursuant to subsection 75(1) of the NTA, 1987;

AND WHEREAS by letter dated October 3, 1994, the Licensee has requested the suspension of Licence Nos. 882482 and 882483;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 882482 and 882483.

NOW THEREFORE, IT IS ORDERED THAT:

1. Licence Nos. 882482 and 882483 are hereby suspended pursuant to subsection 75(2) of the NTA, 1987.
2. To reinstate the suspended services, the Licensee is hereby required to file an application by no later than October 11, 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 the suspended licences.
3. With respect to the request to suspend the licences until May 15, 1995, the Licensee may file an application whenever it is willing and able to reinstate the services.
4. Alternatively, if no application is filed, the Licensee is required to show cause, by no later than October 11, 1995, why its licences 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 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 Order shall form part of Licence Nos. 882482 and 882483 and shall remain affixed thereto as long as the said Order is in force.