Order No. 1995-A-527

December 29, 1995

December 29, 1995

IN THE MATTER OF the operation of a scheduled international service by Ontario Express Ltd./Lignes aériennes Ontario Express Ltée carrying on business as Canadian Partner/ Partenaire Canadien or Canadian Regional/Canadien Régional - Licence No. 880043.

File No. M4895/C166-1-2


WHEREAS under Licence No. 880043, Ontario Express Ltd./Lignes aériennes Ontario Express Ltée carrying on business as Canadian Partner/ Partenaire Canadien or Canadian Regional/ Canadien Régional (hereinafter the Licensee) is authorized to operate a scheduled international service serving the points Toronto/Hamilton, Ontario, Canada and Pittsburgh, Pennsylvania, U.S.A.;

AND WHEREAS by Decision No. 642-A-1994 dated October 6, 1994, Licence No. 880043 was suspended pursuant to subsection 92(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 10, 1995 to reinstate the suspended service 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 10, 1995, why its licence should not be cancelled pursuant to subsection 92(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 service for which the licence is issued, the Licensee ceases to have the qualifications necessary for the issuance of the licence 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 service establishing to the satisfaction of the Agency that it has the qualifications necessary for the issuance of Licence No. 880043 or to show cause why its licence should not be cancelled;

AND WHEREAS the Agency has reasonable grounds to believe that, in respect of the service for which the licence is issued, the Licensee ceases to have the qualifications necessary for the issuance of the said licence;

AND WHEREAS the Agency considers it appropriate to cancel Licence No. 880043.

NOW THEREFORE, IT IS ORDERED THAT:

Licence No. 880043 is hereby cancelled pursuant to paragraph 92(1) of the NTA, 1987.

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