PART IIAir Transportation (continued)
Duties and Powers of Agency (continued)
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.
Air Travel Complaints
Marginal note:Review and mediation
85.1 (1) If a person has made a complaint under any provision of this Part, the Agency, or a person authorized to act on the Agency’s behalf, shall review and may attempt to resolve the complaint and may, if appropriate, mediate or arrange for mediation of the complaint.
(2) The Agency or a person authorized to act on the Agency’s behalf shall report to the parties outlining their positions regarding the complaint and any resolution of the complaint.
Marginal note:Complaint not resolved
(3) If the complaint is not resolved under this section to the complainant’s satisfaction, the complainant may request the Agency to deal with the complaint in accordance with the provisions of this Part under which the complaint has been made.
Marginal note:Further proceedings
(4) A member of the Agency or any person authorized to act on the Agency’s behalf who has been involved in attempting to resolve or mediate the complaint under this section may not act in any further proceedings before the Agency in respect of the complaint.
Marginal note:Extension of time
(5) The period of 120 days referred to in subsection 29(1) shall be extended by the period taken by the Agency or any person authorized to act on the Agency’s behalf to review and attempt to resolve or mediate the complaint under this section.
Marginal note:Part of annual report
(6) The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under this Part, the names of the carriers against whom the complaints were made, the manner complaints were dealt with and the systemic trends observed.
- 2000, c. 15, s. 7.1
- 2007, c. 19, s. 25
86 (1) The Agency may make regulations
(a) classifying air services;
(b) classifying aircraft;
(c) prescribing liability insurance coverage requirements for air services or aircraft;
(d) prescribing financial requirements for each class of air service or aircraft;
(e) respecting the issuance, amendment and cancellation of permits for the operation of international charters;
(f) respecting the duration and renewal of licences;
(g) respecting the amendment of licences;
(h) respecting traffic and tariffs, fares, rates, charges and terms and conditions of carriage for international service, including
(i) providing for the disallowance or suspension by the Agency of any tariff, fare, rate or charge,
(ii) providing for the establishment and substitution by the Agency of any tariff, fare, rate or charge disallowed by the Agency,
(iii) authorizing the Agency to direct a licensee or carrier to take the corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage that are applicable to the service it offers and that were set out in its tariffs, if the Agency receives a written complaint and, if the complaint is related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1), it is filed by the person adversely affected,
(iii.1) authorizing the Agency to make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s 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), to the extent that it considers appropriate, and
(iv) requiring a licensee or carrier to display the terms and conditions of carriage for its international service on its Internet site, if the site is used for selling the international service of the licensee or carrier;
(i) requiring licensees to file with the Agency any documents and information relating to activities under their licences that are necessary for the purposes of enabling the Agency to exercise its powers and perform its duties and functions under this Part and respecting the manner in which and the times at which the documents and information are to be filed;
(j) requiring licensees to include in contracts or arrangements with travel wholesalers, tour operators, charterers or other persons associated with the provision of air services to the public, or to make those contracts and arrangements subject to, terms and conditions specified or referred to in the regulations;
(k) defining words and expressions for the purposes of this Part;
(l) excluding a person from any of the requirements of this Part;
(m) prescribing any matter or thing that by this Part is to be prescribed; and
(n) generally for carrying out the purposes and provisions of this Part.
Marginal note:Exclusion not to provide certain relief
(2) No regulation shall be made under paragraph (1)(l) 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.
(3) [Repealed, 2007, c. 19, s. 26]
- 1996, c. 10, s. 86
- 2000, c. 15, s. 8
- 2007, c. 19, s. 26
- 2018, c. 10, s. 18
Marginal note:Advertising regulations
86.1 (1) The Agency shall make regulations respecting advertising in all media, including on the Internet, of prices for air services within, or originating in, Canada.
Marginal note:Contents of regulations
(2) Without limiting the generality of subsection (1), regulations shall be made under that subsection requiring a carrier who advertises a price for an air service to include in the price all costs to the carrier of providing the service and to indicate in the advertisement all fees, charges and taxes collected by the carrier on behalf of another person in respect of the service, so as to enable a purchaser of the service to readily determine the total amount to be paid for the service.
Marginal note:Regulations may prescribe
(3) Without limiting the generality of subsection (1), the regulations may prescribe what are costs, fees, charges and taxes for the purposes of subsection (2).
- 2007, c. 19, s. 27
Marginal note:Regulations — carrier’s obligations towards passengers
86.11 (1) The Agency shall, after consulting with the Minister, make regulations in relation to flights to, from and within Canada, including connecting flights,
(a) respecting the carrier’s obligation to make terms and conditions of carriage and information regarding any recourse available against the carrier, as specified in the regulations, readily available to passengers in language that is simple, clear and concise;
(b) respecting the carrier’s obligations in the case of flight delay, flight cancellation or denial of boarding, including
(i) the minimum standards of treatment of passengers that the carrier is required to meet and the minimum compensation the carrier is required to pay for inconvenience when the delay, cancellation or denial of boarding is within the carrier’s control,
(ii) the minimum standards of treatment of passengers that the carrier is required to meet when the delay, cancellation or denial of boarding is within the carrier’s control, but is required for safety purposes, including in situations of mechanical malfunctions,
(iii) the carrier’s obligation to ensure that passengers complete their itinerary when the delay, cancellation or denial of boarding is due to situations outside the carrier’s control, such as natural phenomena and security events, and
(iv) the carrier’s obligation to provide timely information and assistance to passengers;
(c) prescribing the minimum compensation for lost or damaged baggage that the carrier is required to pay;
(d) respecting the carrier’s obligation to facilitate the assignment of seats to children under the age of 14 years in close proximity to a parent, guardian or tutor at no additional cost and to make the carrier’s terms and conditions and practices in this respect readily available to passengers;
(e) requiring the carrier to establish terms and conditions of carriage with regard to the transportation of musical instruments;
(f) respecting the carrier’s obligations in the case of tarmac delays over three hours, including the obligation to provide timely information and assistance to passengers, as well as the minimum standards of treatment of passengers that the carrier is required to meet; and
(g) respecting any of the carrier’s other obligations that the Minister may issue directions on under subsection (2).
Marginal note:Ministerial directions
(2) The Minister may issue directions to the Agency to make a regulation under paragraph (1)(g) respecting any of the carrier’s other obligations towards passengers. The Agency shall comply with these directions.
(3) A person shall not receive compensation from a carrier under regulations made under subsection (1) if that person has already received compensation for the same event under a different passenger rights regime than the one provided for under this Act.
Marginal note:Obligations deemed to be in tariffs
(4) The carrier’s obligations established by a regulation made under subsection (1) are deemed to form part of the terms and conditions set out in the carrier’s tariffs in so far as the carrier’s tariffs do not provide more advantageous terms and conditions of carriage than those obligations.
- 2018, c. 10, s. 19
Marginal note:Regulations and orders
86.2 A regulation or order made under this Part may be conditional or unconditional or qualified or unqualified and may be general or restricted to a specific area, person or thing or group or class of persons or things.
- 2007, c. 19, s. 27
PART IIIRailway Transportation
DIVISION IInterpretation and Application
87 In this Part,
- crude oil
crude oil means virgin or naturally occurring unrefined petroleum, or diluted bitumen or any other unrefined hydrocarbon mixture that is similar in composition to virgin or naturally occurring unrefined petroleum. It includes crude oil with the UN numbers 1267 and 3494 that are set out in Column 1 of the Dangerous Goods List in Chapter 3.2 of the Recommendations on the Transport of Dangerous Goods – Model Regulations, Eighteenth revised edition, 2013, published by the United Nations; (pétrole brut)
land includes an interest in land and, in relation to land in the Province of Quebec, includes the interest of a lessee; (terres)
- metropolitan area
metropolitan area means any area that is classified by Statistics Canada in its most recent census of Canada as a census metropolitan area; (région métropolitaine)
operate includes, with respect to a railway, any act necessary for the maintenance of the railway or the operation of a train; (exploitation)
- point of destination
point of destination means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred from the line of a railway company to a line to which this Part does not apply; (point de destination)
- point of origin
point of origin means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred to the line of a railway company from a line to which this Part does not apply; (point d’origine)
- public passenger service provider
public passenger service provider means VIA Rail Canada Inc., a passenger rail service provider designated by the Minister or an urban transit authority; (société de transport publique)
- Quebec–Windsor corridor
Quebec–Windsor corridor means the area of Canada that is bounded
(a) to the east by longitude 70.50° W,
(b) to the north by a straight line connecting a first point located at latitude 47.45° N and longitude 70.50° W to a second point located at latitude 43.70° N and longitude 83.25° W,
(c) to the west by longitude 83.25° W, and
(d) to the south by the Canada-United States border; (axe Québec-Windsor)
railway means a railway within the legislative authority of Parliament and includes
(a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores, or other things connected with the railway, and
(b) communications or signalling systems and related facilities and equipment used for railway purposes; (chemin de fer)
- railway company
railway company means a person who holds a certificate of fitness under section 92, a partnership of such persons or a person who is mentioned in subsection 90(2); (compagnie de chemin de fer)
road means any way or course, whether public or not, available for vehicular or pedestrian use; (route)
- Special Act
Special Act means an Act under which a railway company has authority to construct or operate a railway, or that is enacted with special reference to a railway, and includes
(a) letters patent constituting a company’s authority to construct or operate a railway, granted before April 1, 1969, under any Act, and the Act under which the letters patent were granted or confirmed, and
(b) letters patent incorporating a company under section 11 of the Railway Act on or after April 1, 1969, whose objects are the construction or operation of a railway in Canada; (loi spéciale)
tariff means a schedule of rates, charges, terms and conditions applicable to the movement of traffic and incidental services; (tarif)
traffic means the traffic of goods, including equipment required for their movement; (transport ou trafic)
- urban transit authority
urban transit authority means an entity owned or controlled by the federal government or a provincial, municipal or district government that provides commuter services; (administration de transport de banlieue)
- Vancouver–Kamloops corridor
Vancouver–Kamloops corridor means the area of Canada that is bounded
(a) to the east by longitude 121.21° W,
(b) to the north by latitude 50.83° N,
(c) to the west by longitude 128.45° W, and
(d) to the south by the Canada-United States border. (axe Vancouver-Kamloops)
- 1996, c. 10, s. 87
- 2007, c. 19, s. 28
- 2015, c. 31, s. 4
- 2018, c. 10, s. 20
- Date modified: