Decision No. 108-A-1993

February 24, 1993

February 24, 1993

APPLICATION by Inter-Canadien (1991) Inc./Inter-Canadian (1991) Inc. carrying on business as Inter-Canadien/Inter-Canadian for a further suspension of Licence No. 890080 in respect of the authority to use fixed wing aircraft in Group C and cancellation of Licence No. 890080 in respect of the authority to use fixed wing aircraft in Group B.

File No. M4205/I20-4-5

Docket Nos. 921057
921058


Inter-Canadien (1991) Inc./Inter-Canadian (1991) Inc. carrying on business as Inter-Canadien/Inter-Canadian1 (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension and the cancellation set out in the title. The application was received on September 8, 1992.

Under Licence No. 890080, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups B, C and E, from a base at Havre-Saint-Pierre, Quebec.

1 The Agency was advised that Inter-Canadien (1991) Inc./Inter-Canadian (1991) Inc. carrying on business as Inter-Canadien/Inter-Canadian has changed its name to Inter-Canadien (1991) Inc./Inter-Canadian (1991) Inc. carrying on business as Inter-Canadien/Inter-Canadian ou/or Canadian Regional/Canadien Régional.

By Decision No. 513-A-1991 dated October 1, 1991, Licence No. 890080 in respect of the authority to use fixed wing aircraft in Groups B and C, inter alia, was suspended pursuant to subsection 75(2) 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 further suspend Licence No. 890080 in respect of the authority to use fixed wing aircraft in Group C and to cancel Licence No. 890080 in respect of the authority to use fixed wing aircraft in Group B.

Licence No. 890080 in respect of the authority to use fixed wing aircraft in Group C is hereby suspended pursuant to subsection 75(2) of the NTA, 1987.

To reinstate the suspended service, the Licensee is hereby required to file an application by no later than December 10, 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 December 10, 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. 890080, 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. 890080 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. 890080 is hereby amended to read:

The Licensee is authorized to use fixed wing aircraft in Groups C and E.

A new document of licence, bearing Licence No. 890080, will be issued to Inter-Canadien (1991) Inc./Inter-Canadian (1991) Inc. carrying on business as Inter-Canadien/Inter-Canadian ou/or Canadian Regional/Canadien Régional.

This Decision shall form part of Licence No. 890080 and shall remain affixed thereto as long as the said Decision is in force.

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