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

Marginal note:Terms and conditions of non-scheduled international licence

• 74. (1) Subject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a non-scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems appropriate, including terms and conditions respecting 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:Compliance with terms and conditions

  (2) The holder of a non-scheduled international licence shall comply with every term and condition to which the licence is subject.

Marginal note:Mandatory suspension or cancellation

• 75. (1) The Agency shall suspend or cancel a non-scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of

  • (a) in respect of a Canadian licensee, subparagraphs 73(1)(a)(i) to (iii); and

  • (b) in respect of a non-Canadian licensee, subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a).

• Marginal note:Discretionary suspension or cancellation

  (2) The Agency may suspend or cancel a non-scheduled international licence

  • (a) where the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than the provisions referred to in paragraphs (1)(a) and (b); or

  • (b) in accordance with a request from the licensee for the suspension or cancellation.

• Marginal note:Reinstatement condition

  (3) The Agency shall not reinstate the non-scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.

Marginal note:Issuance, amendment and cancellation of permits

75.1 The issuance of a permit for the operation of an international charter to a licensee and the amendment or cancellation of the permit shall be made in accordance with regulations made under paragraph 86(1)(e).

Marginal note:Minister may issue directions

• 76. (1) Where the Minister determines that it is necessary or advisable to provide direction to the Agency in respect of the exercise of any of its powers or the performance of any of its duties or functions under this Part relating to international service,

  • (a) in the interest of the safety or security of international civil aviation,

  • (b) in connection with the implementation or administration of an international agreement, convention or arrangement respecting civil aviation to which Canada is a party,

  • (c) in the interest of international comity or reciprocity,

  • (d) for the purpose of enforcing Canada’s rights under an international agreement, convention or arrangement respecting civil aviation or responding to acts, policies or practices by a contracting party to any such agreement, convention or arrangement, or by an agency or citizen of such a party, that adversely affect or lead either directly or indirectly to adverse effects on Canadian international civil aviation services, or

  • (e) in connection with any other matter concerning international civil aviation as it affects the public interest,

  the Minister may, subject to subsection (3), issue to the Agency directions that, notwithstanding any other provision of this Part, are binding on, and shall be complied with by, the Agency in the exercise of its powers or the performance of its duties or functions under this Part relating to international service.

• Marginal note:Nature of directions

  (2) Directions issued under subsection (1) may relate to

  • (a) persons or classes of persons to whom licences to operate an international service shall or shall not be issued;

  • (b) the terms and conditions of such licences, or their variation;

  • (c) the suspension or cancellation of such licences; and

  • (d) any other matter concerning international service that is not governed by or under the Aeronautics Act.

• Marginal note:Concurrence required for certain directions

  (3) A direction by the Minister relating to a matter referred to in paragraph (1)(c), (d) or (e) may be issued only with the concurrence of the Minister of Foreign Affairs.