Incident at 56 10 N 055 35 W

1997-03-20: The DA10 was westbound at FL390, cleared and proceeding by 58N/50W enroute to Goose Bay via PORGY direct Hopedale. The B747 was westbound FL390 cleared and proceeding by 57N/50W direct LOACH direct FOXXE enroute to Mirabel. The DA10 requested clearance from present position direct LOACH to Goose Bay. Gander ACC advised the pilot that they were unable to clear him at FL390 due to other traffic (ACA893). Gander asked if the pilot could accept FL410 and the pilot responded "Yes". Gander gave the FSS a clearance for the DA10 to climb and maintain FL410, and then cleared direct to Goose Bay. The FSS was not able to contact the aircraft and pass the new clearance so Gander cancelled the clearance. The DA10 appeared on Moncton radar proceeding on a route that appeared to be 58N/50W direct LOACH. The pilot told Moncton center that Gander had cleared him direct LOACH enroute to goose bay at FL390 The loss of separation was observed 60 miles East of LOACH when the DA10 and the B747 came within 30 miles of each other where the required separation is 60 miles. Moncton center requested the pilot of the DA10 to state his name, licence number and company name on behalf of Gander ACC but the pilot could not accomodate due to an appearent language problem. Gander to file an occurrence report against the pilot.