Air Transportation Regulations (SOR/88-58)

33. [Repealed, SOR/96-335, s. 23]

33.1 No air carrier shall operate an entity charter unless the air carrier

• (a) holds a non-scheduled international licence valid for the proposed charter; and

• (b) has been issued a program permit, or is deemed to have been issued a small carrier charter permit, by the Agency.

33.2 An air carrier that proposes to operate an entity charter with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the entity charter in accordance with subsection 34(2).

• 34. (1) An air carrier that applies for a program permit for an entity charter shall

  • (a) file the application with the Agency not more than six months prior to the date of a proposed flight or the first of any proposed series of flights in respect of which the application is made and not less than

    • (i) two working days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, where the air carrier proposes to operate a third freedom or fourth freedom entity charter pursuant to the carrier’s valid non-scheduled international licence, or

    • (ii) thirty days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, other than flights described in subparagraph (i);

  • (b) provide the Agency with a copy of the executed charter contract between the charterer and the air carrier and, if not apparent therefrom, shall indicate in the application the date, time, points of origin and destination and routing of the proposed flight, the type and configuration of the aircraft, the number of seats or capacity contracted for and the calculation of the charter price; and

  • (c) provide the Agency with an affidavit of the charterer or, where the charterer is a corporation, an affidavit of a duly authorized officer of the corporation identifying both the officer and the corporation, that verifies, in respect of each trip, that

    • (i) the cost of transportation of passengers or goods is paid solely by the charterer, and

    • (ii) no charge or other financial obligation is imposed on any passenger as a condition of carriage or otherwise in connection with the transportation.

• (2) Subject to subsection (3), the Agency shall issue a program permit to operate an entity charter to an air carrier who has complied with subsection (1) and who otherwise meets the applicable requirements of these Regulations.

• (3) The Agency shall not issue a program permit in respect of a flight of any series of flights, if the flight is not to be completed within one year after the commencement of the first flight of the series.

34.1 The operation of an entity charter shall be subject to the following conditions:

• (a) the total amount of direct and indirect payments by the air carrier from all sources, by way of commission or other benefits, to any individuals, corporations, partnerships or organizations involved in the proposed charter shall not exceed an amount totalling five per cent of the charter price calculated in accordance with the applicable tariff in effect and on file with the Agency;

• (b) notwithstanding paragraph (a), the air carrier shall pay no commission to the charterer;

• (c) the charter price charged to the charterer shall be in accordance with the air carrier’s applicable tariff on file with the Agency and in effect on the date the charter contract is signed;

• (d) the total amount paid for air transportation shall not be other than the charter price calculated in accordance with the tariff referred to in paragraph (c); and

• (e) notwithstanding paragraph (a), any space not utilized by the charterer may, with the written concurrence of the charterer, be used by the air carrier.