Order No. 2000-A-54
February 16, 2000
IN THE MATTER OF the operation of a non-scheduled international service by Niederhauser Airways, Inc. - Licence No. 977002.
File No. M4211/N26-2
Under Licence No. 977002, Niederhauser Airways, Inc. (hereinafter the Licensee) is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada.
The certificate of insurance of the Licensee on file with the Canadian Transportation Agency (hereinafter the Agency) is not valid.
Pursuant to subparagraph 73(1)(a)(iii) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Licensee must establish to the satisfaction of the Agency that it has the prescribed liability insurance coverage in respect of the service to be provided under the licence.
The Agency has determined that, in respect of the service for which the licence was issued, the Licensee ceases to meet the requirement of subparagraph 73(1)(a)(iii) of the CTA.
Pursuant to paragraph 75(1)(b) of the CTA, the Agency must suspend or cancel a non-scheduled international licence where the Agency has made such a determination.
The Agency is of the opinion that in the present circumstances it should suspend immediately the said licence and provide the Licensee with a period of thirty (30) days to show cause why the said licence should not be cancelled.
Accordingly, the Agency, pursuant to paragraph 75(1)(b) of the CTA, hereby suspends Licence No. 977002.
In addition, the Licensee is provided with a period of thirty (30) days from the date of this Order to show cause why the said licence should not be cancelled pursuant to paragraph 75(1)(b) of the CTA.
This Order shall be affixed to Licence No. 977002 and the suspension of the licence shall remain in effect until further order of the Agency.