Order No. 1990-A-619

October 31, 1990

October 31, 1990

IN THE MATTER OF the operation of a Class 4 Charter domestic service and a Class 9-4 Charter non-scheduled international service by McMurray Flight Centre Ltd. carrying on business as Browns - Licence Nos. 882712 and 882713.

File Nos. M4205-B73-4
M4895-B73-4


WHEREAS under Licence No. 882712, McMurray Flight Centre Ltd. carrying on business as Browns (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and C, from a base at Fort McMurray, Alberta;

AND WHEREAS under Licence No. 882713, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B and C;

AND WHEREAS by registered letter dated August 17, 1990, Licence Nos. 882712 and 882713 in respect of the authority to use fixed wing aircraft in Groups B and C were suspended, pursuant to subsections 75(1) and 97(1), respectively, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), 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. 882712 and 882713 in respect of the authority to use fixed wing aircraft in Groups B and C should not be cancelled pursuant to subsections 75(1) and 97(1), respectively, of the National Transportation Act, 1987;

AND WHEREAS by letter dated September 5, 1990, the Licensee requested the suspension of Licence Nos. 882712 and 882713 in respect of the authority to use fixed wing aircraft in Groups B and C for a period of one year;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 882712 and 882713 in respect of the authority to use fixed wing aircraft in Groups B and C.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 882712 and 882713 in respect of the authority to use fixed wing aircraft in Groups B and C are hereby suspended pursuant to subsections 75(2) and 97(2), respectively, of the National Transportation Act, 1987.
  2. To reinstate the suspended services, the Licensee is hereby required to file an application by no later than October 25, 1991. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee has the qualifications necessary for the issuance of the licences, namely that it is a Canadian, holds a Canadian aviation document (operating certificate) and has prescribed liability insurance coverage (a valid certificate of insurance), the Agency shall reinstate that portion of the licences which is suspended.
  3. Alternatively, if no application is filed, the Licensee is required to show cause by no later than October 25, 1991 why its licences in respect of the authority to use fixed wing aircraft in Groups B and C should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the National Transportation Act, 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 B and C authorized under Licence Nos. 882712 and 882713, the Licensee ceases to have the qualifications necessary for the issuance of the licences.

This Order shall form part of Licence Nos. 882712 and 882713 and shall remain affixed thereto as long as the said Order is in force.

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