Air Transportation Regulations (SOR/88-58)

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

Post Facto Reporting

 Every air carrier that operates a TPNC or series of TPNCs that use aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall submit to the Agency or its authorized representative in writing, within 30 days after the end of each month, a report respecting the TPNC or series of TPNCs that were operated during the previous month, that sets out

  • (a) the aircraft type and number of available seats for each charter;

  • (b) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter;

  • (c) the dates of departure and arrival of each charter; and

  • (d) for each charter, the number of passengers.

  • SOR/96-335, s. 52.

DIVISION IVTransborder Goods Charters

Operational Restrictions

  •  (1) Subject to subsections (2) and (3), no air carrier, other than a United States charter carrier licensee, shall combine points in the territory of the United States on a single flight when operating a TGC or series of TGCs for a courier service using aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

  • (2) Where the Agency determines that an air carrier has contravened the provisions of subsection (1) or section 102, the Agency shall require the air carrier to apply in writing to obtain prior approval from the Agency to operate any proposed TGC or series of TGCs for a specific period.

  • (3) An air carrier referred to in subsection (1) that proposes to operate a TGC or series of TGCs that combine points in the territory of the United States on a single flight shall apply in writing to obtain prior approval from the Agency to operate the proposed TGC or series of TGCs.

  • (4) An application referred to in subsection (2) or (3) shall contain the information required by paragraphs 102(a) to (d).

  • (5) The Agency shall approve a TGC or series of TGCs referred to in subsection (2) or (3) where the Agency determines that the operation of the TGC or series of TGCs is not contrary to any of the conditions set out in section 76.

  • SOR/92-709, s. 22;
  • SOR/96-335, s. 52.

Post Facto Reporting

 Every air carrier that operates a TGC or series of TGCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall submit to the Agency or its authorized representative in writing, within 30 days after the end of each month, a report respecting the TGC or series of TGCs that were operated during the previous month, that sets out

  • (a) for each charter, the aircraft type and payload capacity of the aircraft, which capacity may be expressed in the number of tons or tonnes available for revenue goods;

  • (b) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter;

  • (c) the dates of departure and arrival of each charter; and

  • (d) for each charter,

    • (i) the total weight of courier goods, being goods carried for door-to-door transport, where the charter only transports such goods, or

    • (ii) the total weight of goods transported, where the charter transports goods that are not exclusively courier goods.

  • SOR/92-709, s. 23;
  • SOR/96-335, s. 52.

DIVISION VCharters Originating in the United States

Application

 This Division applies in respect of TUSCs or series of TUSCs.

  • SOR/92-709, s. 24;
  • SOR/96-335, s. 52.

General

 Subject to sections 103.2 to 103.5, any TUSC or series of TUSCs shall be operated in accordance with the rules and regulations of the United States.

  • SOR/96-335, s. 52.

Operational Restrictions

  •  (1) No air carrier shall operate a TUSC or a series of TUSCs unless the air carrier

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

    • (b) has received permission from the aeronautical authorities of the United States for the charter.

  • (2) No air carrier, other than a Canadian charter carrier licensee, shall combine points in the territory of Canada on a single flight when operating a TUSC or series of TUSCs for a courier service using aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

  • (3) No TUSC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall be subcontracted without the prior notification of the subcontract to the Agency, which notification shall contain the information specified in paragraphs 103.3(a) to (e), the name of the licensee who will be operating under the subcontract and the purpose of the subcontract.

  • SOR/96-335, s. 52.

Notification

 An air carrier that operates a TUSC or series of TUSCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall notify the Agency in writing not less than 48 hours before the date and time of the arrival in Canada of the charter or, in the case of a series of charters, the date of the first of those charters, by providing the following information:

  • (a) the name or the charter category of the charter under the rules and regulations of the United States;

  • (b) the name, address and telephone and facsimile numbers of each charterer;

  • (c) every airport of enplanement or point of departure and every airport of deplanement or point of destination of the charter, including each airport proposed to be used by the air carrier;

  • (d) the dates and times of arrival and departure of each charter; and

  • (e) the aircraft type and, where applicable, the passenger seating capacity and the nature, quantity and total weight of goods to be carried for each charterer on each charter.

  • SOR/96-335, s. 52.

Passenger Lists and Flight Coupons

 An air carrier that operates a TUSC or series of TUSCs shall

  • (a) on the arrival of the flight in Canada, submit to the airport authorities at the airport of entry and, on request of the Agency, to the Agency, a passenger list showing the last names and the initials of all passengers transported on the charter; and

  • (b) permit the examination by the Agency or its authorized representative of the flight coupons surrendered by the passengers or equivalent information contained in another format.

  • SOR/96-335, s. 52.

Powers of the Agency

  •  (1) Where the Agency determines that the operation of a TUSC or a series of TUSCs is contrary to any of the requirements set out in sections 103.2 to 103.4, or any of the conditions set out in section 76, the Agency may

    • (a) take measures to preclude the performance of the charter by the air carrier;

    • (b) require the air carrier to comply with any requirements imposed by the Agency to ensure that the operation is not contrary to any of the requirements or conditions set out in those sections; or

    • (c) require, by notice in writing, an air carrier to obtain the approval of the Agency prior to the operation of the charter, where the Agency determines that to do so is necessary to ensure compliance with the requirements and conditions set out in those sections.

  • (2) The Agency shall grant the approval referred to in paragraph (1)(c) where the operation of the charter is not contrary to any of the requirements and conditions set out in sections 76 and 103.2 to 103.4.

  • (3) When determining whether the operation of a charter may contravene paragraph 76(b), (c) or (d), the Agency shall take into consideration international reciprocity in matters of air transportation.

  • SOR/96-335, s. 52.

PART VTariffs

Interpretation

 In this Part,

commodity toll

commodity toll means a rate or charge applicable to goods specifically named in the tariff; (taxe spécifique)

joint tariff

joint tariff means a tariff that applies to traffic carried by two or more air carriers; (tarif pluritransporteur)

joint toll

joint toll means a toll that applies to traffic carried by two or more air carriers and that is published as a single amount; (taxe pluritransporteur)

local tariff

local tariff means a tariff containing the local tolls of the air carrier named therein; (tarif unitransporteur)

local toll

local toll means a toll that applies to traffic between points served by one air carrier; (taxe unitransporteur)

through toll

through toll means the aggregate toll from a point of origin to a point of destination. (taxe totale)

  • SOR/93-253, s. 2(E).

DIVISION IDomestic

Application

 A tariff referred to in section 67 of the Act shall include the information required by this Division.

  • SOR/96-335, s. 53.
 
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