Air Transportation Regulations (SOR/88-58)

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

Public Inspection of Service Schedules

 Immediately on filing a service schedule with the Agency and thereafter until the service schedule is rejected or disallowed by the Agency or cancelled by the air carrier, every air carrier shall keep its current service schedule, with amendments, available for public inspection at each of its business offices.

  • SOR/96-335, s. 81.

Operating Without Filing Amendments

[SOR/98-197, s. 8]
  •  (1) An air carrier may

    • (a) defer a flight if no traffic is offered for transportation between any of the points named in any schedule for a specific route at the time specified in that schedule; and

    • (b) cancel that flight if it is not required before the departure of the next succeeding flight and that flight has the capacity to accommodate all available traffic.

  • (2) Where a deferred flight referred to in subsection (1) has been delayed by weather, conditions affecting safety or abnormal operating conditions, the air carrier may consolidate the traffic of that flight with the traffic of another flight if, as a consequence, the traffic on the deferred flight is not unreasonably delayed and connections with other air services are not jeopardized.

  • (3) Where there is no traffic to be carried from or to an intermediate point on an air carrier’s flight and a stop is not otherwise required to be made pursuant to the air carrier’s licence, the air carrier may omit a stop at that point.

  • SOR/96-335, s. 82.

Operations Without Filing Amendments

[Repealed, SOR/98-197, s. 9]

 An air carrier may, where to do so is consistent with its licence authority and without amending its service schedule,

  • (a) operate extra aircraft to accommodate an unusually heavy demand for transportation on a flight; and

  • (b) operate extra flights to accommodate demand for transportation between the flights as scheduled.

  • SOR/96-335, s. 83.

Timetables

 Where an air carrier publishes a timetable,

  • (a) the timetable shall reflect the service schedule filed with the Agency; and

  • (b) the air carrier shall, at the time of publication, file the number of copies that are required by the Agency.

  • SOR/93-449, s. 2;
  • SOR/96-335, s. 84.

PART VIITerms and Conditions of Carriage of Persons

Interpretation

 In this Part,

extraordinary service

extraordinary service means any service related to a disability that is not required by this Part to be provided by an air carrier or any service that is not usually provided by an air carrier; (service inhabituel)

passenger seat

passenger seat means a seat on board an aircraft that is ordinarily occupied by a passenger; (siège passager)

person

person means a person with a disability who is, has been or will be a passenger on a flight operated by an air carrier. (personne)

  • SOR/93-449, s. 3.

Application

  •  (1) This Part applies to an air carrier in respect of any domestic service operated by the air carrier with an aircraft that has 30 or more passenger seats.

  • (2) Nothing in this Part relieves any air carrier from complying with the provisions of any safety regulations made under the Aeronautics Act.

  • SOR/93-449, s. 3.

Services

  •  (1) Subject to section 151, an air carrier shall provide the following services to a person, if requested:

    • (a) assisting with registration at the check-in counter;

    • (b) assisting in proceeding to the boarding area;

    • (c) assisting in boarding and deplaning;

    • (d) assisting in stowing and retrieving the person’s carry-on baggage;

    • (e) transferring the person between the person’s own wheelchair, scooter or other mobility aid and a wheelchair, boarding chair or other mobility aid provided by the air carrier;

    • (f) transferring the person between a wheelchair, boarding chair or other mobility aid and the person’s passenger seat;

    • (g) assisting the person, other than by carrying the person, in moving to and from an aircraft washroom, including assisting the person in using an on-board wheelchair where one is available;

    • (h) assisting in retrieving the person’s checked baggage;

    • (i) assisting in proceeding to the general public area or, where a person is changing to a flight of another air carrier within the same terminal, to a representative of the receiving air carrier;

    • (j) serving special meals, where available, and providing limited assistance with meals such as opening packages, identifying items and cutting large food portions; and

    • (k) inquiring periodically during the flight about the person’s needs, and attending to those needs where the services required are usually provided by the air carrier, or where the services are required to be provided by the air carrier under this Part.

  • (2) When a reservation is being made for a person, the air carrier shall

    • (a) describe, if requested,

      • (i) the services that the air carrier is required, pursuant to this section and sections 148 and 149, to provide to persons and any conditions in respect of those services set out in those sections and section 151, and

      • (ii) any additional service that the air carrier provides to persons and any conditions in respect of that additional service; and

    • (b) confirm, after asking the person, which services that person requests.

  • (3) Where a person requests assistance in boarding or seating or in stowing carry-on baggage pursuant to subsection (1), an air carrier may require the person to board the aircraft in advance of other passengers.

  • SOR/93-449, s. 3.
  •  (1) Subject to subsection (2) and section 151, an air carrier shall accept for carriage as priority baggage, without charge and in addition to the free baggage allowance permitted to a passenger, the following aids, where they are required for the mobility or well-being of a person:

    • (a) an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair;

    • (b) a manually operated folding wheelchair;

    • (c) a walker, a cane, crutches or braces;

    • (d) any device that assists the person to communicate better; and

    • (e) any prosthesis or medical device.

  • (2) Where an air carrier operates an aircraft that has fewer than 60 passenger seats and the design of the aircraft does not permit the carriage of a person’s aid referred to in paragraph (1)(a), the air carrier

    • (a) is not required to carry the aid; and

    • (b) shall advise the person about transportation arrangements that are available for the aid.

  • (3) Subject to section 151, an air carrier shall permit a person in a manually operated wheelchair to remain in the wheelchair

    • (a) until the person reaches the boarding gate from which the person’s flight is to depart;

    • (b) where facilities permit, while the person is moving between the terminal and the door of the aircraft; or

    • (c) where space and facilities permit, while the person is moving between the terminal and the passenger seat.

  • (4) Subject to subsection (5), an air carrier that accepts for carriage a person’s aid referred to in paragraph (1)(a), (b) or (c) shall, without charge,

    • (a) disassemble and package the aid;

    • (b) where the person has been required to board the aircraft in advance of other passengers pursuant to subsection 147(3), identify the aid as priority baggage;

    • (c) unpackage and reassemble the aid; and

    • (d) return the aid to the person promptly on arrival at the person’s destination.

  • (5) Where space permits, an air carrier shall, without charge, permit a person who requires

    • (a) a wheelchair referred to in paragraph (1)(b) to store the wheelchair in the passenger cabin during the flight; and

    • (b) a small aid referred to in paragraph (1)(c), (d) or (e) to retain the aid in the person’s custody during the flight.

  • SOR/93-449, s. 3;
  • SOR/94-700, s. 3(E).
 
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