Canada Transportation Act (S.C. 1996, c. 10)

Marginal note:Licence not transferable

58. A licence issued under this Part for the operation of an air service is not transferable.

Marginal note:Prohibition re sale

59. No person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under this Part, a person holds a licence issued under this Part in respect of that service and that licence is not suspended.

Marginal note:Provision of aircraft with flight crew

• 60. (1) No person shall provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee’s licence and no licensee shall provide an air service using all or part of an aircraft, with a flight crew, provided by another person except

  • (a) in accordance with regulations made by the Agency respecting disclosure of the identity of the operator of the aircraft and other related matters; and

  • (b) where prescribed, with the approval of the Agency.

• Marginal note:Conditions and Ministerial directions

  (2) Approval by the Agency under subsection (1) is subject to any directions to the Agency issued by the Minister and to any terms and conditions that the Agency may specify in the approval, including terms and conditions respecting routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.

Marginal note:Issue of licence

61. On application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a domestic service to the applicant if

• (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant

  • (i) is a Canadian,

  • (ii) holds a Canadian aviation document in respect of the service to be provided under the licence,

  • (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and

  • (iv) meets prescribed financial requirements; and

• (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of a domestic service within the preceding twelve months.

Marginal note:Qualification exemption

62. Where the Minister considers it necessary or advisable in the public interest that a domestic licence be issued to a person who is not a Canadian, the Minister may, by order, on such terms and conditions as may be specified in the order, exempt the person from the application of subparagraph 61(a)(i) for the duration of the order.