Order No. 1993-A-149

May 14, 1993

May 14, 1993

IN THE MATTER OF the operation of Class 4 Charter domestic services and a Class 9-4 Charter non-scheduled international service by Bearskin Lake Air Service Ltd. - Licence Nos. 880029 and 882476 in respect of the authority to use fixed wing aircraft in Group D and Licence No. 882472 in its entirety.

File Nos. M4205/B19-4-1
M4205/B19-4-3
M4895/B19-4-2


WHEREAS under Licence No. 880029, Bearskin Lake Air Service Ltd. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B, C and D, from a base at Sioux Lookout, Ontario;

AND WHEREAS under Licence No. 882472, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group D, from a base at Pickle Lake, Ontario;

AND WHEREAS under Licence No. 882476, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A, B, C and D;

AND WHEREAS by registered letter dated March 25, 1993, Licence Nos. 880029 and 882476 in respect of the authority to use fixed wing aircraft in Group D were suspended pursuant to subsections 75(1) and 97(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) and Licence No. 882472 in its entirety was suspended pursuant to subsection 75(1) of the NTA, 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 letter why the aforementioned licences should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the NTA, 1987;

AND WHEREAS by letter dated April 16, 1993, the Licensee has requested a further suspension of Licence Nos. 880029, 882472 and 882476 in respect of the authority to use fixed wing aircraft in Group D;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to further suspend Licence Nos. 880029 and 882476 in respect of the authority to use fixed wing aircraft in Group D and Licence No. 882472 in its entirety.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 880029 and 882476 in respect of the authority to use fixed wing aircraft in Group D are hereby suspended pursuant to subsections 75(2) and 97(2) of the NTA, 1987 and Licence No. 882472 in its entirety is hereby suspended pursuant to subsection 75(2) of the NTA, 1987.
  2. To reinstate the suspended services, the Licensee is hereby required to file an application by no later than May 13, 1994. 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 that portion of the licences which is suspended.
  3. Alternatively, if no application is filed, the Licensee is required to show cause by no later than May 13, 1994 why Licence Nos. 880029 and 882476 in respect of the authority to use fixed wing aircraft in Group D and Licence No. 882472 in its entirety should not be cancelled pursuant to subsections 75(1) and 97(1), as applicable, of the NTA, 1987 as failure to meet any of the above requirements would give reasonable grounds to the Agency to believe that, in respect of the services using fixed wing aircraft in Group D authorized under Licence Nos. 880029 and 882476 and in respect of the service for which Licence No. 882472 is 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.

This Order shall form part of Licence Nos. 880029, 882472 and 882476 and shall remain affixed thereto as long as the said Order is in force.

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