Air Transportation Regulations (SOR/88-58)

103. This Division applies in respect of TUSCs or series of TUSCs.

103.1 Subject to sections 103.2 to 103.5, any TUSC or series of TUSCs shall be operated in accordance with the rules and regulations of the United States.

• 103.2 (1) No air carrier shall operate a TUSC or a series of TUSCs unless the air carrier

  • (a) holds a non-scheduled international licence that is valid for the proposed charter; and

  • (b) has received permission from the aeronautical authorities of the United States for the charter.

• (2) No air carrier, other than a Canadian charter carrier licensee, shall combine points in the territory of Canada on a single flight when operating a TUSC or series of TUSCs for a courier service using aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

• (3) No TUSC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall be subcontracted without the prior notification of the subcontract to the Agency, which notification shall contain the information specified in paragraphs 103.3(a) to (e), the name of the licensee who will be operating under the subcontract and the purpose of the subcontract.

103.3 An air carrier that operates a TUSC or series of TUSCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall notify the Agency in writing not less than 48 hours before the date and time of the arrival in Canada of the charter or, in the case of a series of charters, the date of the first of those charters, by providing the following information:

• (a) the name or the charter category of the charter under the rules and regulations of the United States;

• (b) the name, address and telephone and facsimile numbers of each charterer;

• (c) every airport of enplanement or point of departure and every airport of deplanement or point of destination of the charter, including each airport proposed to be used by the air carrier;

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

• (e) the aircraft type and, where applicable, the passenger seating capacity and the nature, quantity and total weight of goods to be carried for each charterer on each charter.

103.4 An air carrier that operates a TUSC or series of TUSCs shall

• (a) on the arrival of the flight in Canada, submit to the airport authorities at the airport of entry and, on request of the Agency, to the Agency, a passenger list showing the last names and the initials of all passengers transported on the charter; and

• (b) permit the examination by the Agency or its authorized representative of the flight coupons surrendered by the passengers or equivalent information contained in another format.