Air Services Charges Regulations (SOR/85-414)

Regulations are current to 2017-11-20 and last amended on 2012-02-01. Previous Versions

 [Repealed, SOR/85-861, s. 5]

Technical Landing Fees

[SOR/88-120, s. 4; SOR/91-85, s. 12]

 [Repealed, SOR/2001-176, s. 4]

 [Repealed, SOR/93-487, s. 6]

Flying Training Landing Charges

[SOR/91-85, s. 12]

 Where the Regional Director General has approved the use of an airport for the landing, by any Canadian air carrier licensed under Part II of the Canada Transportation Act, of an aircraft on a flight conducted exclusively for the purpose of improving the skill and knowledge of the aircrew personnel of that air carrier and, where arrangements are made in advance with the officer in charge of the airport where the landing takes place, the landing charge for each such landing is 20 per cent of the applicable charge prescribed in section 4.

  • SOR/86-27, s. 2(F);
  • SOR/88-120, s. 7;
  • SOR/89-511, s. 4;
  • SOR/91-85, s. 12;
  • SOR/93-487, s. 7;
  • SOR/97-258, s. 5;
  • SOR/98-110, s. 1(E);
  • SOR/2000-274, s. 1.

General Terminal Charges

[SOR/91-85, s. 12]
  •  (1) Subject to subsections (2) and (3), in respect of a domestic flight, where an aircraft lands at an airport, the general terminal charge, per aircraft, for use of an air terminal building is

    • (a) in respect of an airport set out in a Part of Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of that Part, the charge set out in column II of that item; and

    • (b) in respect of an airport not included in Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of Schedule V, the charge set out in column II of that item.

  • (2) Subject to subsection (3), in respect of an international flight, or a domestic flight from which disembarking members of the crew or passengers are required to present themselves pursuant to the Customs Act, where an aircraft lands at an airport, the general terminal charge, per aircraft, for use of an air terminal building is

    • (a) in respect of an airport set out in a Part of Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of that Part, the charge set out in column III of that item; and

    • (b) in respect of an airport not included in Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of Schedule V, the charge set out in column III of that item.

  • (3) The general terminal charge referred to in subsections (1) and (2) does not apply

    • (a) where no passenger embarks onto or disembarks from the aircraft and

      • (i) the aircraft has made a technical landing, or

      • (ii) a member of the crew disembarks from the aircraft and enters an air terminal building for the purpose of obtaining flight information, and there is no change of crew; or

    • (b) [Repealed, SOR/2001-176, s. 5]

    • (c) and (d) [Repealed, SOR/97-258, s. 6]

  • (4) For the purposes of this section, there is use of an air terminal building where any passenger or member of the crew disembarks from an aircraft that has landed at an airport and enters an air terminal building or any passenger or member of the crew leaves an air terminal building and embarks onto an aircraft that has landed.

  • (5) [Repealed, SOR/2001-176, s. 5]

  • SOR/85-861, s. 6;
  • SOR/86-827, s. 5;
  • SOR/88-120, s. 8;
  • SOR/89-511, s. 5;
  • SOR/90-309, s. 1;
  • SOR/91-85, s. 12;
  • SOR/93-487, s. 8;
  • SOR/95-193, s. 3;
  • SOR/96-292, s. 5;
  • SOR/97-258, s. 6;
  • SOR/2001-176, s. 5.

 [Repealed, SOR/2001-176, s. 6]

 [Repealed, SOR/93-487, s. 10]

 [Repealed, SOR/86-827, s. 8]

 [Repealed, SOR/96-546, s. 2]

Aircraft Parking Charges

[SOR/91-85, s. 12]
  •  (1) The charge for parking an aircraft of a weight within the range set out in column II of an item of Schedule VI at an airport set out in column I of that item is

    • (a) for each day, the daily charges shown opposite that item in Column III of the Schedule for an aircraft of that weight, but not exceeding in total for any calendar month the monthly charges shown opposite that item in Column IV of the Schedule for an aircraft of that weight;

    • (b) for each calendar month, the monthly charges shown opposite that item in Column IV of the Schedule for an aircraft of that weight, but, where the conditions referred to in paragraph (c) are met, not exceeding in total for any year the annual charges, if any, shown opposite that item in Column V of the Schedule for an aircraft of that weight; and

    • (c) for each year, where the aircraft is a private aircraft and arrangements for the annual parking thereof are made in advance in writing with the officer in charge of the airport, the annual charges, if any, shown opposite that item in Column V of the Schedule for an aircraft of that weight.

  • (2) Where arrangements are made in advance in writing with the officer in charge of an airport for the parking of an aircraft of a particular weight for scheduled flight overnight lay-overs at that airport on a monthly basis, the charges

    • (a) for such parking of the aircraft of that particular weight or any replacement aircraft of the same or lesser weight group shall be determined in accordance with the rates set out in Schedule VI for that airport for an aircraft of that particular weight; or

    • (b) for such parking of any replacement aircraft of a greater weight group shall be determined in accordance with the rates set out in Schedule VI for that airport for an aircraft of the weight of the replacement aircraft.

  • (3) For the purposes of paragraph (1)(a), any period of 24 hours or portion thereof shall be counted as one day.

  • (4) Subsections (1) and (2) do not apply in respect of

    • (a) an aircraft that is parked for six hours or less; or

    • (b) the parking of an aircraft in a hangar.

  • (5) Subsections (1) to (4) do not apply in respect of an aircraft owned or operated by a Member of Parliament if the aircraft is parked at an airport other than the Member’s home-base airport and in an area designated by the officer in charge of the airport.

  • SOR/86-827, s. 11;
  • SOR/91-85, ss. 12, 13(F);
  • SOR/95-193, s. 5;
  • SOR/96-292, s. 7.

Charge for Emergency Response Services (ERS) Outside Normal Operating Hours for ERS

[SOR/91-85, s. 12; SOR/93-487, s. 13]
  •  (1) Subject to subsections (2), (2.1) and (4), where emergency response services (ERS) are provided at an airport outside normal operating hours for ERS, the charge for providing the ERS, for each landing or take-off made at that airport outside normal operating hours by an aircraft of a weight within the range set out in column I of an item of Schedule VII, is the charge set out in column II, III or IV of that item, as applicable, calculated for the number of hours between the end of normal operating hours for ERS and the time of the landing or take-off, or the number of hours between the time of the landing or take-off and the beginning of normal operating hours for ERS, whichever is the lesser.

  • (2) Where an aircraft lands at or takes off from an airport during other than normal operating hours for ERS at that airport and subsequently takes off from or lands, whichever is applicable, at the same airport before commencement of the next period of normal operating hours for ERS at that airport, only the greater of the ERS charges for the landing and the ERS charges for the take-off, as determined under subsection (1), are payable.

  • (2.1) Where an aircraft is used for a session of flying training at an airport for the purpose described in subsection 9(1), wholly or partially during other than normal operating hours for ERS at that airport, the ERS charges payable for the session are the greater of the applicable charges, as determined under subsection (1), for the first take-off or the first landing of the session, as the case may be, and the last landing or the last take-off, as the case may be.

  • (3) For the purposes of subsections (1) to (2.1), the normal operating hours for ERS are as set out in the Canada Flight Supplement.

  • (4) [Repealed, SOR/2001-176, s. 7]

  • (5) [Repealed, SOR/97-258, s. 8]

  • (6) In subsection (3), Canada Flight Supplement means an aeronautical information publication published under the authority of the Minister of Transport for the purposes of supplementing en route charts and the Canada Air Pilot.

  • SOR/86-827, s. 12;
  • SOR/88-120, s. 10;
  • SOR/89-511, s. 9;
  • SOR/91-85, ss. 12, 13(F);
  • SOR/93-487, ss. 14, 15;
  • SOR/95-193, s. 6;
  • SOR/96-292, s. 8;
  • SOR/97-258, s. 8;
  • SOR/2001-176, s. 7.

Payment of Charges

[SOR/91-85, s. 12]
  •  (1) Subject to subsection (2), all charges, except those that are payable in advance, become due and payable

    • (a) where an invoice is issued in respect of the charges, on the day on which the invoice is issued; or

    • (b) where no invoice is issued in respect of the charges, on the day on which the services to which the charges relate are received.

  • (2) When payment in full has not been received by the due date established pursuant to subsection (1), interest shall be charged

    • (a) where an invoice has been issued, commencing on the thirtieth day after the day on which the invoice was issued; or

    • (b) where no invoice has been issued, commencing on the first day of the second month after the month in which the services were received.

  • (3) The interest referred to in subsection (2) shall be calculated monthly on the outstanding amount, which amount shall consist of the amount of principal owing plus any accrued interest.

  • (4) Where a payment is made, the period for which interest is charged in respect of the amount of the payment shall end on the day before the day on which the payment is received by the Minister.

  • (5) The rate of interest shall be adjusted monthly and shall be three per cent plus the bank rate in effect at the close of business on the last business day of the previous month.

  • (6) For the purposes of subsection (5), bank rate means the rate of interest established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short-term advances to members of the Canadian Payments Association.

  • SOR/86-1083, s. 1;
  • SOR/88-120, s. 11(E);
  • SOR/91-85, s. 12;
  • SOR/94-324, s. 5.
 
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