Air Transportation Regulations (SOR/88-58)

96. The air carrier shall submit to the Agency or its authorized representative, in writing, within 30 days after the end of each month, a report respecting the TPC or series of TPCs that were operated with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) pursuant to a charter authorization during the previous month, that sets out

• (a) the aircraft type and number of available seats for each charter;

• (b) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter;

• (c) the dates of departure and arrival of each charter; and

• (d) for each charter, the number of Canadian-origin passengers and the number of foreign-origin passengers.

97. The air carrier shall file with the Agency, on request, such additional information as the Agency requires to determine whether the air carrier has fully complied with the provisions of sections 95 and 96.

98. Where the Agency determines that the air carrier has not complied or no longer complies with the provisions of sections 95 and 96, the Agency may

• (a) in addition to cancelling the charter authorization, require that the air carrier obtain a program permit for each TPC or series of TPCs in accordance with section 91; and

• (b) where it determines that any of the conditions set out in section 76 would otherwise be contravened, refuse to issue to the air carrier any other charter authorization requested pursuant to this Division for a period not exceeding 12 months after the date of the cancellation.

• 99. (1) Subject to subsections (2) and (3), no air carrier shall operate a TPNC or series of TPNCs unless

  • (a) the cost of transportation of passengers is paid by not more than three charterers without any contribution, direct or indirect, from any other person; and

  • (b) no charge or other financial obligation is imposed on any passenger as a condition of carriage or otherwise in connection with the transportation.

• (2) Where the Agency determines that an air carrier has not complied with the provisions of subsection (1) or section 100, the Agency shall require the air carrier to apply in writing to obtain prior approval from the Agency to operate each proposed TPNC or series of TPNCs for a specific period.

• (3) An air carrier proposing to operate a TPNC or series of TPNCs that do not meet the requirements of paragraph (1)(a) or (b) shall apply in writing to obtain prior approval from the Agency to operate the proposed TPNC or series of TPNCs.

• (4) An application referred to in subsection (2) or (3) shall contain the information required by paragraphs 100(a) to (d).

• (5) The Agency shall approve a TPNC or series of TPNCs referred to in subsection (2) or (3) where the Agency determines that operation of the TPNC or series of TPNCs is not contrary to any of the conditions set out in section 76.