Air Transportation Regulations (SOR/88-58)

Regulations are current to 2013-04-29 and last amended on 2012-12-14. Previous Versions

  • 74. (1) [Repealed, SOR/2006-3, s. 1]

  • (2) Except as permitted by Division VI, no Canadian air carrier operating an ongoing or the return portion of a foreign-origin charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a foreign-origin charter of the same type.

  • (3) Except as permitted by Division VI, no non-Canadian air carrier operating an ongoing or the return portion of a third freedom charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a third freedom charter of the same type.

  • (4) No non-Canadian air carrier operating an ongoing or the return portion of a fifth freedom charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a fifth freedom charter of the same type.

  • (5) No air carrier operating an ongoing or the return portion of a foreign-origin passenger charter shall take on board at any point in Canada

    • (a) mail; or

    • (b) except in accordance with section 23, goods.

  • SOR/2006-3, s. 1.

75. A non-Canadian air carrier holding a valid non-scheduled international licence shall, on the Agency’s written direction, forthwith file with the Agency a copy of the rules and regulations governing the authorization and operation of international charter flights originating in that air carrier’s state and shall provide the Agency with amendments to those rules and regulations on the promulgation or publication thereof.

  • SOR/96-335, s. 51.

PART IV

TRANSBORDER CHARTERS

Permits

76. The issuance or deemed issuance of any category of permit referred to in section 77 is subject to the following conditions, namely, that the operation of a TPC, TPNC, TGC or TUSC, as the case may be, shall

  • (a) be in accordance with

    • (i) the Act and these Regulations,

    • (ii) any terms and conditions of the licence pursuant to which the transborder charter is operated,

    • (iii) where applicable, any conditions of the permit, and

    • (iv) the terms and conditions of a charter contract that are set out in these Regulations;

  • (b) be consistent with Canada’s national and international transportation policies and Canada’s other policies that affect, directly or indirectly, air transportation, as set out in applicable legislation or in other documents of the Government of Canada;

  • (c) be in accordance with any applicable international agreement, convention or arrangement respecting civil aviation to which Canada is a party; and

  • (d) on balance, best serve the needs of travellers, shippers and air carrier.

  • SOR/96-335, s. 52.