Order No. 1992-A-445
December 22, 1992
IN THE MATTER OF the operation of a Class 9-4 Charter non-scheduled international service by Midway Airlines, Inc. and/or Midway Airlines (1984) Inc. doing business as Midway Airlines or Midway - Licence No. 881400.
File No. M4895/M54-4-1
WHEREAS under Licence No. 881400, Midway Airlines, Inc. and/or Midway Airlines (1984) Inc. doing business as Midway Airlines or Midway (hereinafter the Licensee) is authorized to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America;
AND WHEREAS by registered letter dated November 2, 1992, Licence No. 881400 was suspended pursuant to subsection 97(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), for failure by the Licensee to file with the National Transportation 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 No. 881400 should not be cancelled pursuant to subsection 97(1) of the NTA, 1987;
AND WHEREAS to date, the Licensee has failed to either file with the Agency the required certificate of insurance or to respond to the aforementioned letter;
AND WHEREAS the Agency has determined that the Licensee has contravened the provisions of section 98 of the NTA, 1987 by not submitting the certificate of insurance as required;
AND WHEREAS the Agency has reviewed the matter and considers it appropriate to cancel Licence No. 881400.
NOW THEREFORE, IT IS ORDERED THAT:
Licence No. 881400 is hereby cancelled pursuant to subsection 97(1) of the NTA, 1987.