Air Transportation Regulations (SOR/88-58)

47. In this Division,

“charterer”

“charterer” means a person who has entered into an ABC contract in accordance with this Division; (affréteur)

“contract”

“contract” means an ABC contract entered into in accordance with this Division between a charterer and not more than two air carriers; (contrat)

“foreign-origin charterer”

“foreign-origin charterer” means a person who has entered into an arrangement with an air carrier to provide charter air transportation originating in a foreign country. (affréteur à l’étranger)

47.1 No air carrier shall operate an ABC unless the air carrier

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

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

47.2 [Repealed, SOR/96-335, s. 33]

• 48. (1) An air carrier that proposes to operate an ABC 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 ABC.

• (2) The application for the program permit shall be filed with the Agency by the air carrier that is to perform the outbound portion of the ABC.

• 48.1 (1) Subject to subsection (2), the Agency shall issue a program permit to an air carrier to operate an ABC if the air carrier meets all applicable requirements of the Act and these Regulations.

• (2) In the case of a series of ABC flights, the Agency shall not issue a program permit in respect of any ABC that will not be completed within one year after the commencement of the first flight.

48.2 An air carrier that proposes to operate an ABC with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets all applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

• 49. (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.