Order No. 1996-A-40

January 30, 1996

January 30, 1996

IN THE MATTER OF the operation of a Class 4 Charter domestic service and a Class 9-4 Charter non-scheduled international service by North Wind Aviation Inc. - Licence Nos. 930277 and 930283.

File Nos. M4205/N171-4-1
M4895/N171-4-1


WHEREAS under Licence No. 930277, North Wind Aviation Inc. (hereinafter the Licensee) is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A and B, from a base at Fort St. John, British Columbia;

AND WHEREAS under Licence No. 930283, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B;

AND WHEREAS by registered letter dated December 22, 1995, Licence Nos. 930277 and 930283 in respect of the authority to use fixed wing aircraft in Group B 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. 930277 and 930283 in respect of the authority to use fixed wing aircraft in Group B should not be cancelled pursuant to subsections 75(1) and 97(1), respectively, of the NTA, 1987;

AND WHEREAS by letter dated January 16, 1996, the Licensee has requested the suspension of Licence Nos. 930277 and 930283 in respect of the authority to use fixed wing aircraft in Group B;

AND WHEREAS the Agency has reviewed the matter and considers it appropriate to suspend Licence Nos. 930277 and 930283 in respect of the authority to use fixed wing aircraft in Group B.

NOW THEREFORE, IT IS ORDERED THAT:

  1. Licence Nos. 930277 and 930283 in respect of the authority to use fixed wing aircraft in Group B 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 January 30, 1997. 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 January 30, 1997, why its licences in respect of the authority to use fixed wing aircraft in Group B 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 B authorized under Licence Nos. 930277 and 930283, 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. 930277 and 930283 and shall remain affixed thereto as long as the said Order is in force.

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