Decision No. 885-A-1993
December 29, 1993
APPLICATION by Sharp Wings Ltd. for suspension of Licence Nos. 883584 and 883585 in respect of the authority to use fixed wing aircraft in Group B.
File Nos. M4205/S52-4-2
Docket Nos. 931785
Sharp Wings Ltd. (hereinafter the Licensee) has applied to the National Transportation Agency for the suspension set out in the title. The application was received on December 15, 1993.
Under Licence No. 883584, 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 Williams Lake, British Columbia.
Under Licence No. 883585, the Licensee is authorized to operate a Class 9-4 Charter non-scheduled international service using fixed wing aircraft in Groups A and B.
The Agency has reviewed the application and considers it appropriate to suspend Licence Nos. 883584 and 883585 in respect of the authority to use fixed wing aircraft in Group B.
Licence Nos. 883584 and 883585 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 National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987).
To reinstate the suspended services, the Licensee is hereby required to file an application by no later than December 28, 1994. 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.
With respect to the request to suspend the services until the spring of 1994, the Licensee may file an application whenever it is willing and able to reinstate the services.
Alternatively, if no application is filed, the Licensee is required to show cause, by no later than December 28, 1994, 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. 883584 and 883585, 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. 883584 and 883585 and shall remain affixed thereto as long as the said Decision is in force.