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Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2022-07-13 and last amended on 2020-06-10. Previous Versions

PART IIAir Transportation (continued)

Licence for Domestic Service (continued)

Marginal note:Fares or rates not set out in tariff

 If, on complaint in writing to the Agency by any person, the Agency finds that, contrary to subsection 67(3), the holder of a domestic licence has applied a fare, rate, charge or term or condition of carriage applicable to the domestic service it offers that is not set out in its tariffs, the Agency may order the licensee to

  • (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs;

  • (b) compensate any person adversely affected for any expenses they incurred as a result of the licensee’s failure to apply a fare, rate, charge or term or condition of carriage that was set out in its tariffs; and

  • (c) take any other appropriate corrective measures.

  • 2000, c. 15, s. 6
  • 2007, c. 19, s. 21

Marginal note:When unreasonable or unduly discriminatory terms or conditions

  •  (1) If, on complaint in writing to the Agency by any person, the Agency finds that the holder of a domestic licence has applied terms or conditions of carriage applicable to the domestic service it offers that are unreasonable or unduly discriminatory, the Agency may suspend or disallow those terms or conditions and substitute other terms or conditions in their place.

  • Marginal note:Prohibition on advertising

    (2) The holder of a domestic licence shall not advertise or apply any term or condition of carriage that is suspended or has been disallowed.

  • 2000, c. 15, s. 6
  • 2007, c. 19, s. 22(F)

Marginal note:Person affected

 Despite sections 67.1 and 67.2, a complaint against the holder of a domestic license related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1) may only be filed by a person adversely affected.

  • 2018, c. 10, s. 17

Marginal note:Applying decision to other passengers

 The Agency may, to the extent that it considers it appropriate, make applicable to some or to all passengers of the same flight as the complainant all or part of its decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b).

  • 2018, c. 10, s. 17

Marginal note:Non-application of fares, etc.

  •  (1) Sections 66 to 67.2 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential.

  • Marginal note:Non-application of terms and conditions

    (1.1) Sections 66 to 67.2 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees.

  • Marginal note:Provisions regarding exclusive use of services

    (2) The parties to the contract shall not include in it provisions with respect to the exclusive use by the other person of a domestic service operated by the holder of the domestic licence between two points in accordance with a published timetable or on a regular basis, unless the contract is for all or a significant portion of the capacity of a flight or a series of flights.

  • Marginal note:Retention of contract required

    (3) The holder of a domestic licence who is a party to the contract shall retain a copy of it for a period of not less than three years after it has ceased to have effect and, on request made within that period, shall provide a copy of it to the Agency.

  • 1996, c. 10, s. 68
  • 2000, c. 15, s. 7
  • 2007, c. 19, s. 23

Licence for Scheduled International Service

Marginal note:Issue of licence

  •  (1) On application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a scheduled international service to the applicant if

    • (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant

      • (i) is, pursuant to subsection (2) or (3), eligible to hold the licence,

      • (ii) holds a Canadian aviation document in respect of the service to be provided under the licence,

      • (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and

      • (iv) where the applicant is a Canadian, meets the prescribed financial requirements; and

    • (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months.

  • Marginal note:Eligibility of Canadians

    (2) The Minister may, in writing, designate any Canadian as eligible to hold a scheduled international licence. That Canadian remains eligible while the designation remains in force.

  • Marginal note:Eligibility of non-Canadians

    (3) A non-Canadian is eligible to hold a scheduled international licence if the non-Canadian

    • (a) has been designated by a foreign government or an agent of a foreign government to operate an air service under the terms of an agreement or arrangement between that government and the Government of Canada; and

    • (b) holds, in respect of the air service, a document issued by a foreign government or agent that, in respect of the service to be provided under the document, is equivalent to a scheduled international licence.

  • 1996, c. 10, s. 69
  • 2013, c. 31, s. 6

Marginal note:Determination of scheduled international service

 The Minister may, in writing to the Agency,

  • (a) determine that an international service is a scheduled international service; or

  • (b) withdraw a determination made under paragraph (a).

Marginal note:Terms and conditions of scheduled international licence

  •  (1) Subject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems to be consistent with the agreement, convention or arrangement pursuant to which the licence is being issued, including terms and conditions respecting routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.

  • Marginal note:Compliance with terms and conditions

    (2) The holder of a scheduled international licence shall comply with every term and condition to which the licence is subject.

Marginal note:Mandatory suspension or cancellation

  •  (1) The Agency shall suspend or cancel a scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of subparagraphs 69(1)(a)(i) to (iii).

  • Marginal note:Discretionary suspension or cancellation

    (2) The Agency may suspend or cancel a scheduled international licence

    • (a) where the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than subparagraphs 69(1)(a)(i) to (iii); or

    • (b) in accordance with a request from the licensee for the suspension or cancellation.

  • Marginal note:Reinstatement condition

    (3) The Agency shall not reinstate the scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.

Licence for Non-scheduled International Service

Marginal note:Issue of licence

  •  (1) Subject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a non-scheduled international service to the applicant if

    • (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant

      • (i) is a Canadian,

      • (ii) holds a Canadian aviation document in respect of the service to be provided under the licence,

      • (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and

      • (iv) meets prescribed financial requirements; and

    • (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months.

  • Marginal note:Non-Canadian applicant

    (2) Subject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency may issue a non-scheduled international licence to a non-Canadian applicant if the applicant establishes in the application to the satisfaction of the Agency that the applicant

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

    • (b) meets the requirements of subparagraphs (1)(a)(ii) and (iii) and paragraph (1)(b).

Marginal note:Terms and conditions of non-scheduled international licence

  •  (1) Subject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a non-scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems appropriate, including terms and conditions respecting points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.

  • Marginal note:Compliance with terms and conditions

    (2) The holder of a non-scheduled international licence shall comply with every term and condition to which the licence is subject.

Marginal note:Mandatory suspension or cancellation

  •  (1) The Agency shall suspend or cancel a non-scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of

    • (a) in respect of a Canadian licensee, subparagraphs 73(1)(a)(i) to (iii); and

    • (b) in respect of a non-Canadian licensee, subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a).

  • Marginal note:Discretionary suspension or cancellation

    (2) The Agency may suspend or cancel a non-scheduled international licence

    • (a) where the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than the provisions referred to in paragraphs (1)(a) and (b); or

    • (b) in accordance with a request from the licensee for the suspension or cancellation.

  • Marginal note:Reinstatement condition

    (3) The Agency shall not reinstate the non-scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.

Issuance of International Charter Permits

Marginal note:Issuance, amendment and cancellation of permits

 The issuance of a permit for the operation of an international charter to a licensee and the amendment or cancellation of the permit shall be made in accordance with regulations made under paragraph 86(1)(e).

  • 2007, c. 19, s. 24

Ministerial Directions for International Service

Marginal note:Minister may issue directions

  •  (1) Where the Minister determines that it is necessary or advisable to provide direction to the Agency in respect of the exercise of any of its powers or the performance of any of its duties or functions under this Part relating to international service,

    • (a) in the interest of the safety or security of international civil aviation,

    • (b) in connection with the implementation or administration of an international agreement, convention or arrangement respecting civil aviation to which Canada is a party,

    • (c) in the interest of international comity or reciprocity,

    • (d) for the purpose of enforcing Canada’s rights under an international agreement, convention or arrangement respecting civil aviation or responding to acts, policies or practices by a contracting party to any such agreement, convention or arrangement, or by an agency or citizen of such a party, that adversely affect or lead either directly or indirectly to adverse effects on Canadian international civil aviation services, or

    • (e) in connection with any other matter concerning international civil aviation as it affects the public interest,

    the Minister may, subject to subsection (3), issue to the Agency directions that, notwithstanding any other provision of this Part, are binding on, and shall be complied with by, the Agency in the exercise of its powers or the performance of its duties or functions under this Part relating to international service.

  • Marginal note:Nature of directions

    (2) Directions issued under subsection (1) may relate to

    • (a) persons or classes of persons to whom licences to operate an international service shall or shall not be issued;

    • (b) the terms and conditions of such licences, or their variation;

    • (c) the suspension or cancellation of such licences; and

    • (d) any other matter concerning international service that is not governed by or under the Aeronautics Act.

  • Marginal note:Concurrence required for certain directions

    (3) A direction by the Minister relating to a matter referred to in paragraph (1)(c), (d) or (e) may be issued only with the concurrence of the Minister of Foreign Affairs.

Duties and Powers of Agency

Marginal note:Duties and functions of Agency under international agreements, etc.

 Where the Agency is identified as the aeronautical authority for Canada under an international agreement, convention or arrangement respecting civil aviation to which Canada is a party, or is directed by the Minister to perform any duty or function of the Minister pursuant to any such agreement, convention or arrangement, the Agency shall act as the aeronautical authority for Canada or perform the duty or function in accordance with the agreement, convention, arrangement or direction, as the case may be.

Marginal note:Agency powers qualified by certain agreements, etc.

  •  (1) Subject to any directions issued to the Agency under section 76, the powers conferred on the Agency by this Part shall be exercised in accordance with any international agreement, convention or arrangement relating to civil aviation to which Canada is a party.

  • Marginal note:Variations from agreements, etc.

    (2) Notwithstanding subsection (1) and subject to any directions issued to the Agency under section 76, the Agency may issue a licence or suspend a licence, or vary the terms and conditions of a licence, on a temporary basis for international air services that are not permitted in an agreement, convention or arrangement relating to civil aviation to which Canada is a party.

 
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