PART IIAir Transportation (continued)
Licence for Non-scheduled International Service (continued)
Marginal note:Terms and conditions of non-scheduled international licence
74 (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
75 (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
75.1 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
76 (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.
77 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.
78 (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.
Marginal note:Agency may refuse licence — individuals
79 (1) Where the Agency has suspended or cancelled the licence of an individual under this Part or where an individual has contravened section 59, the Agency may, for a period not exceeding twelve months after the date of the suspension, cancellation or contravention, refuse to issue a licence in respect of an air service to the individual or to any corporation of which the individual is a principal.
Marginal note:Agency may refuse licence — corporations
(2) Where the Agency has suspended or cancelled the licence of a corporation under this Part or where a corporation has contravened section 59, the Agency may, for a period not exceeding twelve months after the date of the suspension, cancellation or contravention, refuse to issue a licence in respect of an air service to
(a) the corporation;
(b) any person who, as a principal of the corporation, directed, authorized, assented to, acquiesced in or participated in a contravention that gave rise to the suspension or cancellation; and
(c) any body corporate of which the corporation or the person referred to in paragraph (b) is a principal.
80 (1) The Agency may, by order, on such terms and conditions as it deems appropriate, exempt a person from the application of any of the provisions of this Part or of a regulation or order made under this Part where the Agency is of the opinion that
(a) the person has substantially complied with the provision;
(b) an action taken by the person is as effective as actual compliance with the provision; or
(c) compliance with the provision by the person is unnecessary, undesirable or impractical.
Marginal note:Exemption not to provide certain relief
(2) No exemption shall be granted under subsection (1) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service.
Marginal note:Exemption not to provide certain relief — section 69
(3) No exemption shall be granted under subsection (1) that has the effect of relieving a person from the provisions of section 69 that require, in order to be eligible to hold a scheduled international licence,
(a) a Canadian to be designated by the Minister to hold such a licence; or
(b) a non-Canadian to be 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.
- 1996, c. 10, s. 80
- 2013, c. 31, s. 7
Marginal note:Inquiry into licensing matters
81 For the purposes of ensuring compliance with this Part, the Agency may inquire into any matter for which a licence, permit or other document is required under this Part.
Marginal note:Licensee to provide notification
82 Every licensee shall notify the Agency without delay, in writing, if
(a) the liability insurance coverage in respect of the air service for which the licence is issued is cancelled or is altered in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service;
(b) the licensee’s operations change in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service; or
(c) any change occurs that affects, or is likely to affect, the licensee’s status as a Canadian.
Marginal note:Disclosure of information required
83 A licensee shall, at the request of the Agency, provide the Agency with information or documents available to the licensee that relate to any complaint under review or any investigation being conducted by the Agency under this Part.
Marginal note:Notification of agent required
84 (1) A licensee who has an agent in Canada shall, in writing, provide the Agency with the agent’s name and address.
Marginal note:Appointment and notice of agent
(2) A licensee who does not have a place of business or an agent in Canada shall appoint an agent who has a place of business in Canada and, in writing, provide the Agency with the agent’s name and address.
Marginal note:Notice of change of address
85 Where the address of a licensee’s principal place of business in Canada or the name or address of the licensee’s agent in Canada is changed, the licensee shall notify the Agency in writing of the change without delay.
Marginal note:Process for claims
85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.
Marginal note:Period to communicate decision
(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.
Air Travel Complaints
Marginal note:Complaint resolution officers
85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.
Marginal note:Limits on powers and duties
(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.
Marginal note:Clarification — proceedings
(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.
Marginal note:Non-application of certain provisions
85.03 Sections 17, 25 and 36.1 do not apply in respect of any matter that may be dealt with under sections 85.04 to 85.12.
Marginal note:Complaints related to tariffs
85.04 (1) A person may file a complaint in writing with the Agency if
(a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;
(b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;
(c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and
(d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.
Marginal note:Refusal to deal with complaint
(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that
(a) the criteria set out in subsection (1) have not been met;
(b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or
(c) the complaint is vexatious or made in bad faith.
85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.
Marginal note:Filing of mediation agreement
(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.
Marginal note:Decision on complaint
85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,
(a) make an order under subsection 85.07(1); or
(b) make an order dismissing the complaint.
Marginal note:Status of order
(2) An order referred to in subsection (1) is not an order or decision of the Agency.
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