Air Transportation Regulations (SOR/88-58)

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

  •  (1) Except as otherwise provided in this section, Division II of Part V applies to a CPC.

  • (2) No air carrier shall operate a CPC unless

    • (a) the air carrier has filed with the Agency a CPC tariff; and

    • (b) the tariff referred to in paragraph (a) is in effect on the date of signature of the contract for the CPC and is applicable for the dates and times of performance of the outbound and inbound portions of the CPC under that contract.

  • (3) No air carrier shall, in respect of a CPC, charge any toll other than the tolls that are applicable to that CPC pursuant to the air carrier’s CPC tariff on file with the Agency and in effect.

  • (4) Unless a CPC tariff filed with the Agency has been rejected, or suspended or disallowed by the Agency, or withdrawn by the air carrier, prior to its effective date, a CPC tariff becomes effective not less than

    • (a) 45 days after the date of filing that tariff, if filed by a Canadian air carrier; and

    • (b) 30 days after the date of filing that tariff, if filed by a non-Canadian air carrier.

  • (5) Notwithstanding subsection (4), no CPC tariff filed with the Agency by a non-Canadian air carrier shall become effective unless that air carrier identifies such toll in a Canadian air carrier’s CPC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

  • (6) A CPC tariff filed with the Agency shall remain in effect for at least six months but not longer than 12 months after the effective date thereof.

  • (7) Tolls shall be published for the entire passenger seating capacity of every aircraft on a CPC at a rate per seat per mile, expressed in cents to the third decimal, indicating the type and seating configuration of the aircraft, the days or other period of time and the geographic area or route in respect of which the tolls apply.

  • (8) Notwithstanding any other provision in these Regulations, any toll contained in the CPC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest CPC toll of any Canadian air carrier on file with the Agency and in effect that, pursuant to the terms and conditions of the Canadian air carrier’s CPC tariff, could apply to such CPC transportation as is covered by the non-Canadian air carrier’s toll.

  • (9) Where, pursuant to subsection (8), the CPC toll in the tariff of a non-Canadian air carrier is disallowed,

    • (a) that non-Canadian air carrier may, notwithstanding paragraph (4)(b) and subsection (6), on notification by the Agency of the disallowance of that toll, substitute therefor a new toll, which shall not be less than the Canadian air carrier’s toll described in subsection (8) and shall become effective not less than one day after the date on which it is filed with the Agency; or

    • (b) where the non-Canadian air carrier does not act pursuant to paragraph (a) within one day, the Agency may establish and substitute for the disallowed toll a new toll which shall take effect in the tariff forthwith, notwithstanding paragraph (4)(b) and subsection (6).

  • SOR/96-335, s. 19.
  •  (1) An air carrier may utilize any space on an aircraft used for a CPC for the purposes of the transportation of the carrier’s own goods and personnel and another air carrier’s personnel or for any of those purposes with, if that space is chartered, the prior written concurrence of the charterer.

  • (2) [Repealed, SOR/96-335, s. 20]

  • SOR/96-335, s. 20.
  •  (1) The Agency shall issue a program permit where

    • (a) sections 24.1 to 25, 29 and 30 and, where applicable, section 26 are complied with;

    • (b) the CPC contract is in accordance with section 27 and the condition to which that contract is made subject pursuant to paragraph 27(3)(b) is observed;

    • (c) as applicable

      • (i) the CPC event described in the application pursuant to subparagraph 25(2)(b)(i) is in accordance with the definition of “CPC event” set out in section 2, or

      • (ii) the CPC educational program described in the application pursuant to subparagraph 25(2)(b)(ii) includes a written undertaking by the appropriate school authorities that the students to be transported on the CPC will be accompanied by educational staff of the school or by parents of the students as leaders or chaperons, in the proportion of one leader or chaperon for not more than 20 and not less than 10 such students; and

    • (d) the air carrier has arranged suitable aircraft arrival and departure times with the appropriate Canadian airport authorities.

  • (2) The Agency shall issue, to an air carrier, a separate program permit for each CPC that meets the requirements of subsection (1).

  • (3) Each program permit shall be given an identification number by the Agency.

  • (4) An air carrier to whom a valid CPC program permit has been issued or to whom a small carrier charter permit for the purpose of providing a CPC is deemed to have been issued shall perform the flights that constitute the CPC.

  • (5) and (6) [Repealed, SOR/96-335, s. 21]

  • (7) An air carrier that holds a valid CPC program permit may

    • (a) modify the CPC program approved by that permit, by advising the Agency of changes, by letter or electronic message, with respect to

      • (i) the type of aircraft used,

      • (ii) the seating capacity, or

      • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

    • (b) apply to the Agency in writing, submitting a modified CPC contract, to amend that permit by way of changes not described in paragraph (a).

  • (8) An air carrier modifying a CPC program in accordance with paragraph (7)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

  • (9) No application submitted by an air carrier pursuant to paragraph (7)(b) shall be accepted by the Agency unless the application is filed with the Agency as described in subsection 25(1), except that applications to operate additional flights on or between the dates of the originally approved flights may be filed not less than 15 days prior to the proposed date of the first additional flight.

  • (10) The CPC program permit shall be carried on board the aircraft used for the CPC or be available at the point of origin of the CPC.

  • SOR/92-709, s. 5;
  • SOR/96-335, s. 21.

 An air carrier that proposes to operate a CPC or series of CPCs with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit for that purpose by the Agency if the air carrier meets all the applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate a CPC or series of CPCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

  • SOR/96-335, s. 22.

DIVISION IIIEntity Charters

 [Repealed, SOR/96-335, s. 23]

 No air carrier shall operate an entity charter unless the air carrier

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

  • (b) has been issued a program permit, or is deemed to have been issued a small carrier charter permit, by the Agency.

  • SOR/92-709, s. 6;
  • SOR/96-335, s. 23.

 An air carrier that proposes to operate an entity charter with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the entity charter in accordance with subsection 34(2).

  • SOR/96-335, s. 23.
  •  (1) An air carrier that applies for a program permit for an entity charter shall

    • (a) file the application with the Agency not more than six months prior to the date of a proposed flight or the first of any proposed series of flights in respect of which the application is made and not less than

      • (i) two working days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, where the air carrier proposes to operate a third freedom or fourth freedom entity charter pursuant to the carrier’s valid non-scheduled international licence, or

      • (ii) thirty days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, other than flights described in subparagraph (i);

    • (b) provide the Agency with a copy of the executed charter contract between the charterer and the air carrier and, if not apparent therefrom, shall indicate in the application the date, time, points of origin and destination and routing of the proposed flight, the type and configuration of the aircraft, the number of seats or capacity contracted for and the calculation of the charter price; and

    • (c) provide the Agency with an affidavit of the charterer or, where the charterer is a corporation, an affidavit of a duly authorized officer of the corporation identifying both the officer and the corporation, that verifies, in respect of each trip, that

      • (i) the cost of transportation of passengers or goods is paid solely by the charterer, and

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

  • (2) Subject to subsection (3), the Agency shall issue a program permit to operate an entity charter to an air carrier who has complied with subsection (1) and who otherwise meets the applicable requirements of these Regulations.

  • (3) The Agency shall not issue a program permit in respect of a flight of any series of flights, if the flight is not to be completed within one year after the commencement of the first flight of the series.

  • SOR/96-335, s. 23.
 
Date modified: