Order No. 1990-A-735

December 27, 1990

December 27, 1990

IN THE MATTER OF the operation of a Class 4 Charter domestic service, a Class 9-4 Charter non-scheduled international service, a domestic service and Class 9-3 Unit Toll non-scheduled international services by Aztec Aviation Consulting Limited carrying on business as Skylink Airlines - Licence Nos. 883545, 883546, 883547, 880812 and 880813.

File Nos. M4205-S80-4
M4895-S80-4
M4205-S80-5
M4895-S80-3-1
M4895-S80-3


WHEREAS under Licence No. 883545, Aztec Aviation Consulting Limited carrying on business as Skylink Airlines (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 Boundary Bay Airport, Delta, British Columbia;

AND WHEREAS under Licence No. 883546, 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 under Licence No. 883547, the Licensee is authorized to operate a domestic service;

AND WHEREAS under Licence No. 880812, the Licensee is authorized to operate a Class 9-3 Unit Toll non-scheduled international service serving the points Vancouver, British Columbia, Canada and Portland, Salem, Eugene and Medford, Oregon, U.S.A.;

AND WHEREAS under Licence No. 880813, the Licensee is authorized to operate a Class 9-3 Unit Toll non-scheduled international service serving the points Abbotsford, British Columbia, Canada and Seattle, Washington, U.S.A.;

AND WHEREAS by Order No. 1989-A-318 dated October 16, 1989, Licence Nos. 883545 and 883547 were suspended pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), and Licence Nos. 883546, 880812 and 880813 were suspended pursuant to paragraph 97(1)(a) of the National Transportation Act, 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 Order why the said licences should not be cancelled pursuant to paragraph 75(1)(a) or 97(1)(a), as applicable, of the National Transportation Act, 1987;

AND WHEREAS by letter dated October 19, 1989, the solicitor for the Licensee advised that the Licensee has applied to the Civil Aviation Tribunal for a review of the matter involving its operating certificate and requested that no further action be taken with respect to Order No. 1989-A-318 until a decision is reached by the Civil Aviation Tribunal;

AND WHEREAS by letter dated November 20, 1989, the Agency advised the Licensee that it had considered the letter of reply of October 19, 1989 and determined that Licence Nos. 883545, 883546, 883547, 880812 and 880813 should remain suspended and required the Licensee to show cause within seven (7) days from the date of the decision to be rendered by the Civil Aviation Tribunal why the said licences should not be cancelled pursuant to paragraphs 75(1)(a) and 97(1)(a), as applicable, of the National Transportation Act, 1987;

AND WHEREAS by letter dated November 22, 1990, the Civil Aviation Tribunal advised the Agency that the Licensee has withdrawn its application in the matter involving its operating certificate;

AND WHEREAS to date, the Licensee has failed to respond to the show cause 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. 883545, 883546, 883547, 880812 and 880813.

NOW THEREFORE, IT IS ORDERED THAT:

Licence Nos. 883545 and 883547 are hereby cancelled pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987 and Licence Nos. 883546, 880812 and 880813 are hereby cancelled pursuant to paragraph 97(1)(a) of the National Transportation Act, 1987.

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