Order No. 1995-A-498

December 6, 1995

December 6, 1995

IN THE MATTER OF the operation of a Class 4 Charter domestic service and a Class 9-4 Charter non-scheduled international service by Whistler Air Services Ltd. - Licence Nos. 882750 and 882751.

File Nos. M4205/W42-4-1
M4895/W42-4-1


WHEREAS under Licence No. 882750, Whistler Air Services Ltd. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group A, from a base at Whistler, British Columbia;

AND WHEREAS under Licence No. 882751, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group A;

AND WHEREAS by registered letter dated November 14, 1995, Licence Nos. 882750 and 882751 were suspended pursuant to subsections 75(1) and 97(1), respectively, 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 Nos. 882750 and 882751 should not be cancelled pursuant to subsections 75(1) and 97(1), respectively, of the NTA, 1987;

AND WHEREAS by letter dated November 20, 1995, the Licensee has requested the suspension of Licence Nos. 882750 and 882751;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 882750 and 882751.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 882750 and 882751 are hereby suspended pursuant to subsections 75(2) and 97(2), respectively, of the NTA, 1987.
  2. To reinstate the suspended services, the Licensee is hereby required to file an application by no later than December 6, 1996. 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. With respect to the request to suspend the licences until April 15, 1996, 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 December 6, 1996, why its licences 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 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. 882750 and 882751 and shall remain affixed thereto as long as the said Order is in force.

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