Division VIICharter Flights Originating in a Foreign Country (Non U.S.)
72.1 This Division applies in respect of charter flights originating in a foreign country other than the United States.
- SOR/96-335, s. 49.
73. (1) A charter flight originating in a foreign country that is destined for Canada shall be operated, subject to subsections (2) to (5) and section 22, in accordance with the rules and regulations of that foreign country.
(2) No air carrier shall operate a charter flight pursuant to subsection (1) unless that air carrier
(a) holds a non-scheduled international licence valid for the proposed flight;
(b) has received authorization from the aeronautical authorities of the country of origin for the proposed flight;
(c) files with the Agency a notice in writing, addressed to the Secretary, not less than
(i) 48 hours prior to the planned date and time of arrival in Canada of the flight, in the case of an entity charter proposed to be operated pursuant to the air carrier’s non-scheduled international licence valid for that type of charter, or
(ii) 15 days before the planned date of arrival in Canada of the flight, in the case of a charter other than an entity charter proposed to be operated pursuant to the air carrier’s non-scheduled international licence valid for that type of charter;
(d) includes in the written notice addressed to the Secretary
(i) documentary evidence establishing the authorization referred to in paragraph (b),
(ii) the name or charter category of the proposed operation under the rules and regulations of the country of origin,
(iii) the name of the charterer,
(iv) all points of origin and destination of the charter flight, including the Canadian airports proposed to be used,
(v) the planned dates and times of arrival and departure, and
(vi) the type of the aircraft proposed to be used, and
(A) its seating capacity,
(B) the nature and quantity of the goods to be transported, or
(C) all the information required by clauses (A) and (B);
(e) has arranged for suitable arrival and departure times with the appropriate Canadian airport authorities;
(f) on arrival in Canada, submits to the appropriate airport authorities at the airport of entry and, on request, to the Agency or its authorized representative, a passenger list showing the last names and the initials of all passengers transported on the charter; and
(g) permits the examination by the Agency or its authorized representative of flight coupons surrendered by passengers at the point of departure of the charter flight.
(3) No air carrier shall operate a charter flight of the advance booking or affinity type originating in a foreign country
(a) for the purpose of disembarking traffic at more than one point in Canada from such portion of the flight as is destined for Canada, and
(b) for the purpose of embarking traffic at more than one point in Canada from any other portion of the flight
unless arrangements between the Agency and the foreign aeronautical authority having jurisdiction over the originating traffic are in existence to permit the disembarkation and embarkation of that traffic at not more than two points in Canada.
(4) Where the Agency determines that the operation of a charter flight originating in a foreign country is contrary to any of the requirements of subsection (2) or (3), or any of the conditions set out in section 22, 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 meets the requirements and conditions set out in those provisions; or
(c) require, by notice in writing, the 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 provisions.
(5) The Agency shall grant the approval referred to in paragraph (4)(c) where the Agency determines that the operation of the charter is not contrary to any of the requirements of subsections (2) and (3) and the conditions set out in section 22.
- SOR/96-335, s. 50.
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