Order No. 1997-A-173

March 27, 1997

March 27, 1997

IN THE MATTER OF the operation of a domestic service by Emer Weld (1988) Ltd. - NTA Licence No. 920037.

File No. M4205/E128-5-1


WHEREAS Emer Weld (1988) Ltd. (hereinafter the Licensee) holds NTA Licence No. 920037 which specifies that the Licensee is authorized to operate a domestic service;

AND WHEREAS by Order No. 1995-A-472 dated November 22, 1995, NTA Licence No. 920037 was suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987). Pursuant to that Order, the Licensee was required to file an application, by no later than November 15, 1996, to reinstate the suspended service. Alternatively, if the said application was not filed, the Licensee was required to show cause by no later than November 15, 1996, why its licence should not be cancelled pursuant to subsection 75(1) of the NTA, 1987;

AND WHEREAS on July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) came into effect. Pursuant to section 195 of the CTA and to the Discontinuance and Continuance of Proceedings Order, 1996, SOR/96-383, proceedings relating to certain matters before the National Transportation Agency, prior to the coming into effect of section 195, shall be dealt with by the Canadian Transportation Agency (hereinafter the Agency), pursuant to the provisions of the CTA. This proceeding is included in the Order as a matter to be dealt with pursuant to the provisions of the CTA;

AND WHEREAS the Licensee is reminded that NTA Licence No. 920037 continues to be suspended pursuant to Order No. 1995-A-472;

AND WHEREAS it should be noted that as a result of the coming into force of the CTA, replacement licences are being issued to licensees who establish to the satisfaction of the Agency, as of July 1, 1996, that they met the applicable requirements of the CTA. As the Licensee did not meet these requirements at that time, the Agency will not issue a replacement licence;

AND WHEREAS the Licensee has replied to the show-cause proceeding by requesting another suspension of its NTA licence;

AND WHEREAS pursuant to paragraph 63(2)(b) of the CTA, the Agency may suspend or cancel a domestic licence in accordance with a request from the Licensee for the suspension or cancellation;

AND WHEREAS the Agency has considered the matter and notes that the Licensee does not hold a valid Canadian aviation document and that its certificate of insurance on file with the Agency lapsed on October 1, 1995. Therefore, the Agency has determined pursuant to subsection 27(1) of the CTA that this matter should be dealt with pursuant to the provisions of subsection 63(1) of the CTA which require the Agency to suspend or cancel licences when licensees fail to meet the requirements of subparagraphs 61(a)(ii) and (iii) of the CTA;

AND WHEREAS the Agency notes that the Licensee continues to not meet the requirements of subparagraph 61(a)(ii) and (iii) of the CTA and, in the opinion of the Agency, has failed to adequately show cause why its licence should not be cancelled;

AND WHEREAS the Agency is of the opinion that NTA Licence No. 920037 should be cancelled effective thirty (30) days from the date of this Order unless the Licensee satisfies the Agency that it meets the requirements of subparagraphs 61(a)(ii) and (iii) of the CTA by that date;

AND WHEREAS the Licensee may apply to the Agency for a new licence at any future date, and a licence will be issued by the Agency, when the Licensee establishes to the satisfaction of the Agency that it meets the requirements of section 61 of the CTA.

NOW THEREFORE, IT IS ORDERED THAT:

Pursuant to subsection 63(1) of the CTA, NTA Licence No. 920037 is hereby cancelled effective thirty (30) days from the date of this Order unless the Licensee satisfies the Agency that it meets the requirements of subparagraphs 61(a)(ii) and (iii) of the CTA.

This Order shall form part of NTA Licence No. 920037 and shall remain affixed thereto as long as the said Order is in force.

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