Decision No. 639-A-1990

December 20, 1990

December 20, 1990

APPLICATION by Leuenberger Air Service Limited for a further suspension of Licence No. 882606 in respect of the authority to use fixed wing aircraft in Group A for a period of one year.

File No. M4205-L51-4-1

Docket No. 90937


Leuenberger Air Service Limited (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on November 30, 1990.

Under Licence No. 882606, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Groups A, B and C, from a base at Nakina, Ontario.

By Order No. 1989-A-369 dated November 23, 1989, Licence No. 882606 in respect of the authority to use fixed wing aircraft in Group A was suspended pursuant to subsection 75(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.). The Licensee was required to file within one year of the Order, an application to reinstate the suspended service which would establish to the satisfaction of the Agency that it still has the qualifications necessary for the issuance of the licence namely that it is Canadian, holds a Canadian aviation document (operating certificate) and a valid certificate of insurance; and, alternatively, the Licensee was required to show cause within that same period why its licence in respect of the authority to use fixed wing aircraft in Group A should not be cancelled, pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987, as failure to file the said application would give reasonable grounds to the Agency to believe that, in respect of the service using fixed wing aircraft in Group A authorized under Licence No. 882606, the Licensee ceases to have the qualifications necessary for the issuance of the licence.

The Agency has reviewed the application and considers it appropriate to further suspend Licence No. 882606 in respect of the authority to use fixed wing aircraft in Group A. The application is hereby approved.

Licence No. 882606 in respect of the authority to use fixed wing aircraft in Group A is hereby suspended pursuant to subsection 75(2) of the National Transportation Act, 1987.

To reinstate the suspended service, the Licensee is hereby required to file an application by no later than December 16, 1991. When the Agency is satisfied, based upon material on file or from information specifically requested from the Licensee, that the Licensee has the qualifications necessary for the issuance of the licence, namely that it is Canadian, holds a Canadian aviation document (operating certificate) and a valid certificate of insurance, the Agency shall reinstate that portion of the licence which is suspended.

Alternatively, if no application is filed, the Licensee is required to show cause by no later than December 16, 1991 why its licence in respect of the authority to use fixed wing aircraft in Group A should not be cancelled pursuant to paragraph 75(1)(a) of the National Transportation Act, 1987, as failure to meet any of the above requirements would give reasonable grounds to the Agency to believe that, in respect of the service using fixed wing aircraft in Group A authorized under Licence No. 882606, the Licensee ceases to have the qualifications necessary for the issuance of the licence.

This Decision shall form part of Licence No. 882606 and shall remain affixed thereto as long as the said Decision is in force.

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