Decision No. 860-A-1995

December 28, 1995

December 28, 1995

APPLICATION by Butler Air Service Ltd. for a further suspension of Licence Nos. 883318, 883319 and 883320.

File Nos. M4205/B89-4-1
M4895/B89-4-1
M4205/B89-5-1

Docket Nos. 952029
952030
952031


Butler Air Service Ltd. (hereinafter the Licensee) has applied to the National Transportation Agency (hereinafter the Agency) for the suspension set out in the title. The application was received on December 5, 1995.

Under Licence No. 883318, the Licensee is authorized to operate a Class 4 Charter domestic service using fixed wing aircraft in Group A on wheels only, from a base at Trenton, Nova Scotia.

Under Licence No. 883319, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Group A on wheels only.

Under Licence No. 883320, the Licensee is authorized to operate a domestic service.

By Decision No. 779-A-1994 dated November 25, 1994, Licence Nos. 883318, 883319 and 883320 were suspended pursuant to subsections 75(2) and 97(2), as applicable, of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987).

The Agency has reviewed the application and considers it appropriate to further suspend Licence Nos. 883318, 883319 and 883320.

Licence Nos. 883318, 883319 and 883320 are hereby suspended pursuant to subsections 75(2) and 97(2), as applicable, of the NTA, 1987.

To reinstate the suspended services, the Licensee is hereby required to file an application by no later than December 20, 1996. 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 the suspended licences.

Alternatively, if no application is filed, the Licensee is required to show cause, by no later than December 20, 1996, why its licences 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 for which the licences are issued, 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 Decision shall form part of Licence Nos. 883318, 883319 and 883320 and shall remain affixed thereto as long as the said Decision is in force.

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