Order No. 1991-A-377

July 17, 1991

July 17, 1991

IN THE MATTER OF the operation of a Class 4 Charter domestic service, a Class 9-4 Charter non-scheduled international service and a domestic service by Millardair Limited - Licence Nos. 882766, 882767 and 882768.

File Nos. M4205-M64-4
M4895-M64-4
M4205-M64-5


WHEREAS under Licence No. 882766, Millardair Limited is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B, C, D and E (limited to DC-3 aircraft in Group D) and (limited to DC-4 aircraft in Group E, goods only, with attendants when required) from a base at Toronto, Ontario;

AND WHEREAS under Licence No. 882767, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B, C, D and E (limited to DC-3 aircraft in Group D) and (limited to DC-4 aircraft in Group E, goods only, with attendants when required);

AND WHEREAS under Licence No. 882768, the Licensee is authorized to operate a domestic service;

AND WHEREAS by Order No. 1990-A-317 dated June 21, 1990, Licence Nos. 882766 and 882768 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) and Licence No. 882767 was suspended pursuant to subsection 97(2) of the National Transportation Act, 1987. The Licensee was required to file within one year from the date of the Order an application to reinstate the suspended services which would establish to the satisfaction of the Agency that it still has the qualifications necessary for the issuance of the licences namely that it is Canadian, holds a Canadian aviation document (operating certificate) and has prescribed liability insurance coverage. Alternatively, the Licensee was required to show cause within one year from the date of the Order 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, if the said application was not filed and as failure to meet the 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;

AND WHEREAS by letter dated July 5, 1991, the Licensee requested the suspension of Licence Nos. 882766, 882767 and 882768;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to further suspend Licence Nos. 882766, 882767 and 882768.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 882766 and 882768 are hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987 and Licence No. 882767 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 July 17, 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 17, 1992 why its licences 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 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. 882766, 882767 and 882768 and shall remain affixed thereto as long as the said Order is in force.

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