Order No. 1990-A-728

December 20, 1990

December 20, 1990

IN THE MATTER OF the operation of Class 4 Charter domestic services, a Class 9-4 Charter non-scheduled international service and a domestic service by Pacific Rim Airlines Ltd. - Licence Nos. 882753, 882754, 882755 and 882756.

File Nos. M4205-P12-4
M4205-P12-4-1
M4895-P12-4
M4205-P12-5


WHEREAS under Licence No. 882753, Pacific Rim Airlines Ltd. (hereinafter 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 Tofino, British Columbia;

AND WHEREAS under Licence No. 882754, 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 Port Alberni, British Columbia;

AND WHEREAS under Licence No. 882755, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B;

AND WHEREAS under Licence No. 882756, the Licensee is authorized to operate a domestic service;

AND WHEREAS by registered letter dated November 19, 1990, Licence Nos. 882753, 882754 and 882756 were suspended pursuant to subsection 75(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), and Licence No. 882755 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. 882753, 882754, 882755 and 882756 should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the National Transportation Act, 1987;

AND WHEREAS by letter dated November 9, 1990, received by the Agency on November 21, 1990, the Licensee has requested the suspension of Licence Nos. 882753, 882754, 882755 and 882756;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 882753, 882754, 882755 and 882756 until May 31, 1991.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 882753, 882754 and 882756 are hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987 and Licence No. 882755 is hereby suspended pursuant to subsection 97(2) 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 May 31, 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 Canadian, holds a Canadian aviation document (operating certificate) and a valid certificate of insurance, the Agency shall reinstate the suspended licences.
  3. Alternatively, if no application is filed, the Licensee is required to show cause by no later than May 31, 1991 why its licences should not be cancelled pursuant to paragraphs 75(1)(a) and 97(1)(a), 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 for which the licences are issued, the Licensee ceases to have the qualifications necessary for the issuance of the licences.

This Order shall form part of Licence Nos. 882753, 882754, 882755 and 882756 and shall remain affixed thereto as long as the said Order is in force.

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