Air Transportation Regulations (SOR/88-58)

Regulations are current to 2017-11-20 and last amended on 2017-02-13. Previous Versions

Contracting for Aircraft Capacity

  •  (1) No air carrier shall operate an ABC unless

    • (a) the entire passenger seating capacity of the aircraft is chartered by one or more charterers or a combination of charterers and foreign-origin charterers for resale to the public;

    • (b) where the passenger seating capacity of the aircraft is at least 20 passenger seats, each charterer and each foreign-origin charterer contracting for passenger seats contracts for at least 20 passenger seats for resale to the public; and

    • (c) where the passenger seating capacity of the aircraft is less than 20 passenger seats, one charterer charters the entire passenger seating capacity of the aircraft for resale to the public.

  • (2) Subject to subsection (1) and section 60, the arrangement between an air carrier and a foreign-origin charterer to provide round-trip charter air transportation of the advance booking type to foreign-origin passengers on an ABC and the terms and conditions applicable to the carriage of those foreign-origin passengers shall be governed by the provisions of Division VII.

  • SOR/96-335, s. 34(F).

Operation of an ABC by Two Carriers

  •  (1) Subject to subsection (2), an ABC may be operated by two air carriers if

    • (a) the arrangements for the outgoing and return portions of the ABC are provided for by the contract;

    • (b) the contract is signed by the two air carriers; and

    • (c) the charter price is in accordance with the ABC tariffs of the air carriers on file with the Agency and in effect on the date the contract is signed.

  • (2) Where an ABC is operated by two carriers, the air carrier performing the outgoing portion of the ABC shall, prior to the flight, obtain authorization from the aeronautical authorities of the country of destination for the operation of the ABC by two carriers.

Reservations

  •  (1) Subject to subsection (2) and the conditions referred to in section 59,

    • (a) where more than one ABC is operated under one contract, a passenger transported on an outgoing portion of an ABC under that contract may be returned to the passenger’s point of origin on any return portion of an ABC operated under that contract; and

    • (b) where a charterer has more than one contract with an air carrier, a passenger transported on an outgoing portion of an ABC under one contract may be returned to the passenger’s point of origin on any return portion of another ABC operated pursuant to any other contract between the same charterer and the same air carrier.

  • (2) No air carrier shall transport or offer to transport any passenger on an ABC where the difference between the great-circle distances measured along

    • (a) the outgoing portion of the passenger’s ABC transportation, and

    • (b) the return portion of the passenger’s ABC transportation

    exceeds one half of the longer of those portions.

  • (3) Subject to the conditions established by subsections (4) and (5), every contract shall be made subject to the condition that each intended passenger on an ABC shall make a reservation for the passenger’s return ABC transportation in accordance with subsection (1).

  • (4) Every contract shall be made subject to the condition that an intended passenger on an ABC may elect not to make a reservation for the passenger’s return ABC transportation if

    • (a) the price per seat applicable to that ABC is paid at or before the time of issue of the passenger’s ticket and the ticket shows an open return; and

    • (b) the passenger complies with the condition established by subsection 59(1) or (2), whichever is applicable, regarding the minimum stay of ABC passengers, when a reservation for the return ABC transportation of that passenger is accepted.

  • (5) Every contract shall be made subject to the condition that a passenger on an ABC may elect to have the passenger’s reservation changed, subject to the availability of space, after the deadline regarding prebooking established by subsection 56(1), (2) or (3), whichever is applicable, if

    • (a) the passenger is booked on another ABC operated by the same air carrier that operated the ABC for which, according to the passenger’s ticket, the reservation was initially held;

    • (b) the passenger’s outbound transportation

      • (i) commences later than the scheduled time of departure of the ABC for which, according to the passenger’s ticket, the reservation was initially held, or

      • (ii) is on a seat that was, at the time the reservation was changed, open for sale pursuant to subsection 56(3); and

    • (c) the passenger complies with the condition established by subsection 59(1) or (2), whichever is applicable, regarding the minimum stay of ABC passengers.

  • (6) An air carrier shall maintain at the principal place of business in Canada of the carrier, or at the place of business in Canada of the carrier’s agent, all flight coupons surrendered by ABC passengers in respect of each outbound and each return ABC operated by the carrier and shall, on request, forthwith file those flight coupons, or legible photocopies thereof, with the Agency or furnish them to the Agency’s authorized representative for filing with the Agency.

  • (7) Each flight coupon referred to in subsection (6) shall be retained by the air carrier for a period of 90 days from the date it was surrendered by the passenger and shall contain the information required under subsection (8).

  • (8) Every contract shall be made subject to the condition that, on payment of the price per seat, each passenger is issued a valid non-transferable ticket that shows clearly

    • (a) the name of the passenger;

    • (b) the name of the charterer;

    • (c) the name or letter code of the air carrier performing the ABC;

    • (d) the points of emplanement and deplanement of the passenger for both the outbound and return portions of the ABC;

    • (e) the flight numbers of the outbound and return portions of the ABC for which the passenger’s reservation is confirmed or has been requested;

    • (f) the dates of departure and return of the passenger or a notation that no reservation was made for a portion of the ABC;

    • (g) the date on which the passenger’s reservation for ABC transportation was confirmed;

    • (h) the price per seat paid for the passenger’s ABC transportation; and

    • (i) where the passenger’s reservation for an ABC is changed, the revised travel dates, points of emplanement and deplanement and flight numbers.

  • SOR/96-335, s. 35.

Air Carriers Performing Outgoing Portion of an ABC

 Every air carrier that proposes to operate an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) and that is to perform the outbound portion of the ABC shall, on executing the contract for that ABC, but not later than 15 days and not earlier than one year before the date of the proposed ABC or, in the case of a proposed series of ABCs, the date of the first flight,

  • (a) notify the Agency in writing of the proposed operation;

  • (b) provide the Agency with a copy of the executed contract for that ABC, including a condition requiring observance, by the air carrier and the charterer, of the requirements of this Division;

  • (c) where applicable, provide the Agency with documentary evidence that the air carrier has complied with subsection 50(2);

  • (d) provide the Agency with a statement by each charterer showing

    • (i) the name, address, nationality and nature of business of the charterer,

    • (ii) where the charterer is a company, the name, address and nationality of each director of the company,

    • (iii) a summary of the charterer’s experience relating to transportation activities including, where applicable, particulars of the charterer’s membership in travel organizations and the licensing or registration of the charterer under any law of a province requiring travel agents to be licensed or registered, and

    • (iv) evidence of the financial responsibility of the charterer, including

      • (A) in respect of the charterer’s latest financial year, financial statements duly approved by the charterer’s board of directors or other executive body, together with the auditor’s report,

      • (B) if the date of the receipt by the Agency, pursuant to paragraph (b), of the executed copy of the charter contract is more than six months after the end of the charterer’s financial year, a copy of the current financial statements signed by a person duly authorized by the charterer,

      • (C) a letter from the charterer’s bank indicating the extent of the charterer’s line of credit, and

      • (D) a description of the arrangements made by the charterer to ensure the protection of moneys paid to the charterer in respect of ABCs during the period in which those moneys remain in the charterer’s possession; and

  • (e) establish

    • (i) the adequacy of the arrangements referred to in clause (d)(iv)(D),

    • (ii) the financial ability of the charterer to perform the contract, and

    • (iii) that the charterer has a place of business in Canada or, if the charterer is a corporation, that it is registered under the laws of Canada or any province.

  • SOR/92-709, s. 13;
  • SOR/96-335, s. 36;
  • SOR/2017-19, s. 5.
 
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