Order No. 1992-A-378

October 29, 1992

October 29, 1992

IN THE MATTER OF the operation of a domestic service and a Class 4 Charter domestic service by Icarus Aviation Incorporated carrying on business as Icarus Air - Licence Nos. 900199 and 900200.

File Nos. M4205/I8-5-1
M4205/I8-4-3


WHEREAS under Licence No. 900199, Icarus Aviation Incorporated carrying on business as Icarus Air (hereinafter the Licensee) is authorized to operate a domestic service;

AND WHEREAS under Licence No. 900200, 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 Sioux Lookout, Ontario;

AND WHEREAS by Decision No. 524-A-1991 dated October 9, 1991, Licence Nos. 900199 and 900200 were suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987). The Licensee was required to file an application by no later than October 2, 1992 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, if the said application was not filed, the Licensee was required to show cause by no later than October 2, 1992, why its licences should not be cancelled pursuant to subsection 75(1) of the NTA, 1987, 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/or has contravened section 98 of the NTA, 1987;

AND WHEREAS to date, the Licensee has failed to either file an application to reinstate the suspended services establishing to the satisfaction of the Agency that it has the qualifications necessary for the issuance of Licence Nos. 900199 and 900200 or to show cause why its licences should not be cancelled;

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. 900199 and 900200.

NOW THEREFORE, IT IS ORDERED THAT:

Licence Nos. 900199 and 900200 are hereby cancelled pursuant to paragraph 75(1)(a) of the NTA, 1987.

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