Air Transportation Regulations (SOR/88-58)

79. This Division applies in respect of TPCs, TPNCs and TGCs.

80. No person shall operate a TPC, TPNC or TGC unless the person holds a non-scheduled international licence that is valid for charters between Canada and the United States.

• 81. (1) Where a part of the bellyhold or main deck of an aircraft is not required for use pursuant to a TPC contract or TPNC contract, an air carrier may charter that part of the bellyhold or main deck for the carriage of goods if the goods are carried

  • (a) in that part of the bellyhold or main deck of the aircraft not required for use pursuant to the passenger charter contract;

  • (b) pursuant to another charter contract that is in respect of only that part of the bellyhold or main deck of the aircraft; and

  • (c) between the points served for the purpose of enplaning or deplaning passengers.

• (2) Notwithstanding paragraph 20(a), an air carrier may charter a part of the bellyhold or main deck of an aircraft used for a TPC to a person who obtains payment for goods carried thereon at a toll per unit, if that part is not required for use pursuant to the TPC contract.

82. No air carrier shall act as a charterer in respect of a TPC, TPNC or TGC or sell any seat or any part of the space dedicated to passengers or goods on a TPC, TPNC or TGC directly to the public.

83. An air carrier may utilize unused space for the transport of the air carrier’s own goods and personnel and the goods and personnel of another air carrier on a TPC, TPNC or TGC if the air carrier has the prior concurrence of the charterer.

• 84. (1) Notwithstanding section 8.2, an air carrier may subcontract a TPC, TPNC or TGC or series thereof to a Canadian charter carrier licensee who holds a non-scheduled international licence or to a United States charter carrier licensee if

  • (a) the licensee holds a non-scheduled international licence that is valid for the operation of the subcontracted charter or series of charters;

  • (b) the licensee holds a Canadian aviation document that is valid for the operation of the subcontracted charter or series of charters;

  • (c) the licensee imposes no additional charge or other financial obligation on the passengers or the charterer; and

  • (d) the air carrier has passenger and third party liability insurance coverage for the operation of the subcontracted charter or series of charters, at least in the amounts set out in section 7,

    • (i) by means of its own policy, or

    • (ii) subject to subsection (2), by being named as an additional insured under the policy of the licensee.

• (2) Where the air carrier is named as an additional insured under the policy of the licensee referred to in subsection (1), there must be a written agreement between the air carrier and the licensee to the effect that, for all charters or series of charters that are subcontracted, the licensee will hold the air carrier harmless from, and indemnify the air carrier for, all passenger and third party liabilities while passengers or cargo transported under a contract with the air carrier are under the control of the licensee.

• (3) Where an air carrier subcontracts a TPC, TPNC or TGC or series thereof to a Canadian charter carrier licensee or to a United States charter carrier licensee, the air carrier is not required to

  • (a) notwithstanding paragraph 18(a), furnish the services, equipment and facilities that are necessary for the purposes of the operation of the TPC, TPNC or TGC or series thereof; or

  • (b) satisfy the condition set out in paragraph 18(c).