Order No. 1993-A-98

April 7, 1993

April 7, 1993

IN THE MATTER OF the operation of a domestic service and Class 4 Charter domestic services by David Knox carrying on business as Knox Air Service - Licence Nos. 910053, 910054 and 910055.

File Nos. M4205/K62-5-1
M4205/K62-4-1
M4205/K62-4-2


WHEREAS under Licence No. 910053, David Knox carrying on business as Knox Air Service (hereinafter the Licensee) is authorized to operate a domestic service;

AND WHEREAS under Licence No. 910054, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group D, to transport goods only, from a base at Pickle Lake, Ontario;

AND WHEREAS under Licence No. 910055, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group D, to transport goods only, from a base at Red Lake, Ontario;

AND WHEREAS by registered letter dated December 14, 1993, Licence Nos. 910053, 910054 and 910055 were suspended pursuant to subsection 75(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 hold a valid operating certificate. The Licensee was required to show cause within twenty-one (21) days from the date of the letter why Licence Nos. 910053, 910054 and 910055 should not be cancelled pursuant to subsection 75(1) of the NTA, 1987;

AND WHEREAS by letter dated January 19, 1993, the Licensee has requested the suspension of Licence Nos. 910053, 910054 and 910055;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 910053, 910054 and 910055.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 910053, 910054 and 910055 are 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 March 24, 1994. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee holds a Canadian aviation document (operating certificate) and has filed a valid certificate of insurance, the Agency shall reinstate the suspended licences.
  3. With respect to the duration of the suspension of the licences, the Licensee may file an application whenever it is willing and able to reinstate the services.
  4. Alternatively, if no application is filed, the Licensee is required to show cause by no later than March 24, 1994, why its licences should not be cancelled pursuant to subsection 75(1) 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 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.

This Order shall form part of Licence Nos. 910053, 910054 and 910055 and shall remain affixed thereto as long as the said Order is in force.

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