Air Transportation Regulations (SOR/88-58)

22. The issuance or deemed issuance of any category of permit referred to in section 22.1 in respect of an international charter is subject to the following conditions, namely, that the operation of the charter

• (a) be in accordance with

  • (i) the Act and these Regulations,

  • (ii) any terms and conditions of the licence pursuant to which the international charter is operated,

  • (iii) where applicable, any conditions of the permit, and

  • (iv) the terms and conditions of a charter contract that are set out in these Regulations;

• (b) be consistent with Canada’s national and international transportation policies and Canada’s other policies that affect, directly or indirectly, air transportation, as set out in applicable legislation or in other documents of the Government of Canada;

• (c) be in accordance with any applicable international agreement, convention or arrangement respecting civil aviation to which Canada is a party; and

• (d) on balance, best serve the needs of travellers, shippers and air carriers.

22.1 The following are the categories of permits pursuant to which an international charter may be operated:

• (a) a program permit issued pursuant to subsection 32(1) or (2), section 34 or 37.2, subsection 43(2.3) or section 48.1;

• (b) a small carrier charter permit that is deemed to have been issued pursuant to section 32.1, 36.1, 42.1, 44 or 48.2; or

• (c) an approval granted pursuant to subsection 73(5).

• 22.2 (1) Notwithstanding any other provision of this Part, where the Agency determines that the operation of an international charter referred to in section 22 is contrary to any of the conditions referred to in that section, the Agency may

  • (a) deny an application for, or cancel a program permit, in whole or in part, referred to in subsection 32(1) or (2), section 34 or 37.1, subsection 43(2.3) or section 48.1;

  • (b) cancel a small carrier charter permit that is deemed to have been issued pursuant to section 32.1, 36.1, 42.1, 44 or 48.2;

  • (c) deny an application for or cancel an approval referred to in paragraph 73(4)(c); or

  • (d) before issuing or cancelling a permit, require an air carrier to take measures to ensure that the operation of the charter will comply with the conditions.

• (2) When determining whether the operation of an international charter may contravene paragraph 22(b), (c) or (d), the Agency shall take into consideration international reciprocity in matters of air transportation.

• 23. (1) Every non-scheduled international licence providing for the operation of international charters is subject to the condition that no goods be carried for remuneration on an aircraft used for an ABC, an ABC/ITC, a CPC or an ITC, except

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

  • (b) pursuant to another charter contract that is for only part of the bellyhold of the aircraft; and

  • (c) between the points served for the purpose of embarking or disembarking passengers.

• (2) Except as otherwise provided in this section, Division II of Part V applies in respect of the carriage of goods in the bellyhold of aircraft engaged in passenger charters.

• (3) Notwithstanding paragraph 20(a), an air carrier may charter part of the bellyhold of an aircraft used for an ABC, an ABC/ITC, a CPC or an ITC 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 passenger charter contract.

• (4) Notwithstanding any other provision of these Regulations, any toll respecting the carriage of goods for remuneration on an aircraft used for an ABC, an ABC/ITC, a CPC or an ITC in the tariff of a non-Canadian air carrier on file with the Agency shall be disallowed by the Agency if that toll is less than the lowest such toll that is in any Canadian air carrier’s tariff on file with the Agency and in effect and that, pursuant to the terms and conditions of the Canadian air carrier’s tariff, could apply to such transportation as is covered by the non-Canadian air carrier’s toll.

• (5) Where, pursuant to subsection (4), the toll in the tariff of a non-Canadian air carrier is disallowed,

  • (a) that non-Canadian air carrier may, on notification by the Agency of the disallowance of that toll, substitute therefor, by filing with the Agency, a new toll, which shall be not less than such toll in the Canadian air carrier’s tariff as is described in subsection (4) and shall not become effective before the expiration of 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 a new toll, which shall take effect in the tariff forthwith.