Air Carriers Performing Outgoing Portion of an ABC
52. 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
(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 principal 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.
53. Every air carrier that operates an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) and that performs the outbound portion of the ABC shall, within six months after the end of each financial year of the charterer, provide the Agency with the audited financial statements described in clause 52(d)(iv)(A) in respect of that charterer.
- SOR/96-335, s. 37.
- Date modified: