Order No. 1991-A-376

July 17, 1991

July 17, 1991

IN THE MATTER OF the operation of a Class 4 Charter domestic service and a domestic service by Gulair Ltd. - Licence Nos. 883651 and 883652.

File Nos. M4205/G59-4-2
M4205/G59-5-2


WHEREAS under Licence No. 883651, Gulair Ltd. is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and B, from a base at Fisher Branch, Manitoba;

AND WHEREAS under Licence No. 883652, the Licensee is authorized to operate a domestic service;

AND WHEREAS by Order No. 1991-A-136 dated March 19, 1991, Licence Nos. 883651 and 883652 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.). The Licensee was required to file by no later than June 30, 1991 an application to reinstate the suspended services which would establish to the satisfaction of the Agency that it is Canadian, holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance. Alternatively, the Licensee was required to show cause by no later than June 30, 1991 why its licences should not be cancelled pursuant to subsection 75(1) of the National Transportation Act, 1987, if the said application was not filed and as failure to meet the requirements and to have filed a valid certificate of insurance 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 National Transportation Act, 1987;

AND WHEREAS by letter dated July 3, 1991, the Licensee requested the suspension of Licence Nos. 883651 and 883652 until July 1, 1992;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to further suspend Licence Nos. 883651 and 883652.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 883651 and 883652 are hereby suspended pursuant to subsection 75(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 July 1, 1992. 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. Alternatively, if no application is filed, the Licensee is required to show cause by no later than July 1, 1992 why its licences should not be cancelled pursuant to subsection 75(1) of the National Transportation Act, 1987, as failure to meet any of the above requirements and to have filed a valid certificate of insurance 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 National Transportation Act, 1987.

This Order shall form part of Licence Nos. 883651 and 883652 and shall remain affixed thereto as long as the said Order is in force.

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