Air Transportation Regulations (SOR/88-58)

Regulations are current to 2017-11-20 and last amended on 2017-02-13. Previous Versions

 Where the Agency has granted an approval, or no approval is required pursuant to section 8.3, the licensee is not required to

  • (a) notwithstanding paragraph 18(a), furnish the services, equipment and facilities that are necessary for the purposes of the provision of the air service; or

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

  • SOR/96-335, s. 4.

Public Disclosure

  •  (1) Subject to subsection (4), a licensee that intends to provide an air service described in subsection 8.2(1) shall so notify the public in accordance with subsection (2).

  • (2) The licensee shall give notification that the air service referred to in subsection (1) is being operated using an aircraft and a flight crew provided by another person, and shall identify that person and specify the aircraft type

    • (a) on all service schedules, timetables, electronic displays and any other public advertising of the air service; and

    • (b) to travellers

      • (i) before reservation, or after reservation if the arrangement for the air service has been entered into after a reservation has been made, and

      • (ii) on check-in.

  • (3) A licensee shall identify the person providing the aircraft and specify the aircraft type for each segment of the journey on all travel documents, including, if issued, itineraries.

  • (4) Where paragraph 8.3(1)(b) applies, a licensee is exempt from having to comply with the requirements of subsection (1), paragraph (2)(a), subparagraph (2)(b)(i) and subsection (3) only if the licensee has made every effort to comply with them.

  • (5) Where an approval is required by subsection 8.2(1) or an acknowledgement is required by paragraph 8.3(1)(b), the licensee may give the notification referred to in subsection (2) before receipt of the approval or acknowledgement if the notification contains a statement that the provision of the air service using all or part of an aircraft, with a flight crew, provided by a person other than the licensee is subject to the consent of the Agency.

  • SOR/96-335, s. 4;
  • SOR/2017-19, s. 1(F).

 [Repealed, SOR/96-335, s. 4]

PART IIDomestic and International Licences and Reduction in Domestic Services

[SOR/96-335, s. 5]

Domestic Licensing

  •  (1) An applicant for a domestic licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence to establish that the applicant

    • (a) is a Canadian or is exempted from that requirement under section 62 of the Act;

    • (b) holds a Canadian aviation document that is valid in respect of the air service to be provided under the licence;

    • (c) has the liability insurance coverage required by section 7 in respect of the air service to be provided under the licence and has complied with section 8; and

    • (d) where the applicant is required to meet the financial requirements set out in section 8.1, meets those requirements.

  • (2) Every holder of a domestic licence shall, within 30 days after each anniversary date of the licence, file with the Agency a declaration in the form set out in Schedule II.

  • SOR/96-335, s. 6.

 [Repealed, SOR/96-335, s. 7]

Reduction or Discontinuance of Domestic Services

[SOR/2001-71, s. 1]
  •  (1) For the purposes of subsection 64(1) of the Act, a licensee proposing to discontinue or to reduce the frequency of a domestic service to a point to less than one flight per week, where, as a result of the proposed discontinuance or reduction, there will be only one licensee or no licensee offering at least one flight per week to that point, shall give notice of the proposal

    • (a) to the Agency, to the Minister and to the minister responsible for transportation in the province or territory where the area to be affected is located, by sending them a notice in the form set out in Schedule III; and

    • (b) to holders of domestic licences operating in the area to be affected by the proposal and to persons resident therein, by publishing notice in the form set out in Schedule III in newspapers with the largest circulation in that area in each official language, the names of which newspapers shall be obtainable from the Agency on request by the licensee.

  • (1.1) For the purposes of subsection 64(1.1) of the Act, a licensee proposing to discontinue a year-round non-stop scheduled air service between two points in Canada, where the proposed discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points, shall give notice of the proposal to the persons, and in the manner, referred to in paragraphs (1)(a) and (b).

  • (2) The date of the notice referred to in paragraph (1)(b) shall be the same as the date on which the notice appears in the newspaper.

  • SOR/96-335, s. 8;
  • SOR/2001-71, s. 2.

International Licensing

  •  (1) An applicant for a scheduled international licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence to establish that the applicant

    • (a) is eligible to hold a scheduled international licence;

    • (b) holds a Canadian aviation document that is valid in respect of the air service to be provided under the licence;

    • (c) has the liability insurance coverage required by section 7 in respect of the air service to be provided under the licence and has complied with section 8; and

    • (d) where the applicant is required to meet the financial requirements set out in section 8.1, meets those requirements.

  • (2) An applicant for a non-scheduled international licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence that

    • (a) meets the requirements of paragraphs (1)(b) to (d); and

    • (b) establishes that

      • (i) the applicant is a Canadian, or

      • (ii) where the applicant is a non-Canadian, the applicant holds a document issued by the government of the applicant’s state or an agent thereof, in respect of the air service to be provided, that is equivalent to the non-scheduled international licence for which the application is being made.

  • (3) Every holder of a scheduled international or a non-scheduled international licence shall, within 30 days after each anniversary date of the licence, file with the Agency a declaration in the form set out in Schedule II.

  • SOR/96-335, s. 9.

International Service Exclusions

 Notwithstanding paragraph 20(a), the holder of a non-scheduled international licence valid for the operation of charters with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less may charter, at any one time, any aircraft with an MCTOW of 35,000 pounds (15,900 kg) or less to one courier service that obtains payment for goods carried at a toll per unit, if the courier service has been contracted to provide door-to-door transportation of the goods.

  • SOR/90-740, s. 3;
  • SOR/96-335, s. 10.

 A non-Canadian air carrier is exempt from the requirement set out in paragraph 57(a) of the Act where the carrier disembarks passengers or goods in Canada as a result of circumstances beyond the carrier’s control.

  • SOR/96-335, s. 10.

Licence Conditions

 Every scheduled international licence and non-scheduled international licence is subject to the following conditions:

  • (a) the licensee shall, on reasonable request therefor, provide transportation in accordance with the terms and conditions of the licence and shall furnish such services, equipment and facilities as are necessary for the purposes of that transportation;

  • (b) the licensee shall not make publicly any statement that is false or misleading with respect to the licensee’s air service or any service incidental thereto; and

  • (c) the licensee shall not operate an international service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

  • SOR/96-335, s. 10.

 Subject to sections 142 and 143, every scheduled international licence shall be subject to the condition that the licensee shall, subject to any delays due to weather, conditions affecting safety or abnormal operating conditions, operate every flight in accordance with its service schedule.

  • SOR/96-335, s. 10.

 Every non-scheduled international licence is subject to the following conditions:

  • (a) the licensee shall not charter an aircraft to a person who obtains payment for traffic carried at a toll per unit, unless the licensee is providing a service pursuant to Part III, except Division III of that Part, or pursuant to Part IV, except Division III of that Part; and

  • (b) the licensee shall permit the Agency to inspect the records maintained by the licensee in respect of any advance payments received by the licensee in connection with a CPC, ABC/ITC, ITC, ABC or TPC.

  • SOR/92-709, s. 1;
  • SOR/96-335, s. 10;
  • SOR/98-197, s. 1.
 
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