Air Services Charges Regulations (SOR/85-414)

Short Title

1 These Regulations may be cited as the Air Services Charges Regulations.

Interpretation

• 2 (1) In these Regulations,

  aircraft in distress

  aircraft in distress means an aircraft that is, or any person on board of which is, threatened by serious or imminent danger and requires immediate assistance; (aéronef en détresse)

  all-cargo aircraft

  all-cargo aircraft[Repealed, SOR/94-324, s. 1]

  combi aircraft

  combi aircraft[Repealed, SOR/94-324, s. 1]

  commercial aircraft

  commercial aircraft means an aircraft operated or available for operation for hire or reward; (aéronef commercial)

  Department

  Department means the Department of Transport; (ministère)

  domestic flight

  domestic flight means a flight between points in Canada; (vol intérieur)

  home-base airport

  home-base airport, in relation to a Member of Parliament, means the airport that serves either the constituency or residential address of the Member of Parliament; (aéroport d’attache)

  international flight

  international flight means a flight between a point in Canada and a point outside Canada; (vol international)

  jet aircraft

  jet aircraft means an aircraft that derives its propulsive power from the thrust of high-velocity gases developed by a turbojet or turbofan engine; (aéronef à réaction)

  landing

  landing means

  • (a) in respect of a fixed-wing aircraft, the touching of the ground by the aircraft on arrival at an airport, and

  • (b) in respect of a helicopter, the touching of the ground by the helicopter on arrival at an airport or the arrival of the helicopter at an airport for the purpose of loading or unloading without touching the ground; (atterrissage)

  Member of Parliament

  Member of Parliament means a member of the Queen’s Privy Council for Canada who is in receipt of a salary under the Salaries Act, a Member of the Senate of Canada or a Member of the House of Commons of Canada; (membre du Parlement)

  Minister

  Minister means the Minister of Transport; (ministre)

  payload

  payload[Repealed, SOR/94-324, s. 1]

  positioning flight

  positioning flight[Repealed, SOR/94-324, s. 1]

  private aircraft

  private aircraft means a civil aircraft other than a commercial aircraft or state aircraft; (aéronef privé)

  seating capacity

  seating capacity, in relation to an aircraft, means the number of passenger seats in the aircraft; (nombre de sièges)

  state aircraft

  state aircraft means an aircraft, other than a commercial aircraft, owned and operated by the government of any country or the government of a colony, dependency, province, state, territory or municipality of any country; (aéronef d’État)

  technical landing

  technical landing means a landing of an aircraft made solely to obtain ground services required for the aircraft; (escale technique)

  trans-oceanic flight

  trans-oceanic flight[Repealed, SOR/85-861, s. 1]

  turboprop aircraft

  turboprop aircraft means an aircraft that derives most of its propulsive power from the thrust developed by a turbojet engine having a turbine-driven propeller; (aéronef à turbopropulseur)

  type

  type means the basic design, including any derivatives thereof, of an aircraft for which a type certificate has been issued under the Canadian Aviation Regulations or for which a United States Federal Aviation Administration type certificate has been accepted by the Minister, for the purpose of issuing a certificate of airworthiness pursuant to Part V, Subpart 7, of the Canadian Aviation Regulations; (type)

  unit load device (U.L.D.)

  unit load device (U.L.D.)[Repealed, SOR/94-324, s. 1]

  weight

  weight, in relation to an aircraft, means the maximum permissible take-off weight specified in the aircraft’s certificate of airworthiness or in a document referred to in that certificate. (masse)

• (2) [Repealed, SOR/96-546, s. 1]

Application

• 3 (1) Subject to subsection (8), these Regulations apply in respect of every airport or air terminal building operated by or on behalf of the Minister.

• (2) These Regulations do not apply in respect of state aircraft.

• (3) These Regulations do not apply in respect of an aircraft owned by the Air Cadet League of Canada.

• (4) [Repealed, SOR/93-487, s. 2]

• (5) [Repealed, SOR/91-120, s. 1]

• (6) Sections 4, 5, 9, 10 and 17 do not apply in respect of the landing of an aircraft in distress at an airport other than the airport of the intended destination.

• (7) Sections 4, 5, 16 and 17 do not apply in respect of an aircraft participating in a search and rescue operation under the direction of the Canadian Forces Search and Rescue Service.

• (8) Section 16 does not apply to any part of an airport held under a lease granted by Her Majesty in right of Canada.

• (9) Section 17 does not apply in respect of an aircraft providing emergency transportation to a person for medical reasons.

Calculation of Charges

• 3.1 (1) Registered owners and operators of aircraft shall provide such information on the weight, seating capacity and identification of each aircraft operated at an airport to the officer in charge of that airport as is required for the calculation of charges.

• (2) Where some of the information specified in subsection (1) is not provided for an aircraft, the calculation of charges shall be based on the maximum permissible take-off weight or the maximum seating capacity for the type of aircraft in question, as appropriate.

Domestic Flight Landing Charges

• 4 (1) Subject to subsection (2) and section 9, in respect of a domestic flight, for each landing of an aircraft, the landing charge, per 1 000 kg or fraction thereof of the weight of the aircraft, is

  • (a) in respect of an airport set out in a Part of Schedule I, for an aircraft referred to in the heading of column II of the table of that Part within the weight range set out in column I of an item of that table, the charge set out in column II of that item; and

  • (b) in respect of an airport located south of the 60th parallel of north latitude and not included in Schedule I, for an aircraft referred to in the heading of column II of the table to Schedule II within the weight range set out in column I of an item of that table, the charge set out in column II of that item.

  • (c) [Repealed, SOR/97-258, s. 2]

• (2) In the case of any aircraft to which subsection (1) applies, the charge for each landing of the aircraft at an airport shall not be less than the applicable minimum flight landing charge for that airport as shown in section 1 or 2 of the Part of Schedule I that sets out the airport, or in section 1 of Schedule II, as applicable.

International Flight Landing Charges

• 5 (1) Subject to subsection (2) and section 9, in respect of an international flight, for each landing of an aircraft, the landing charge, per 1 000 kg or fraction thereof of the weight of the aircraft, is

  • (a) in respect of an airport set out in a Part of Schedule I, for an aircraft referred to in the heading of column IV of the table of that Part within the weight range set out in column III of an item of that table, the charge set out in column IV of that item; and

  • (b) in respect of an airport located south of the 60th parallel of north latitude and not included in Schedule I, for an aircraft referred to in the heading of column II of the table to Schedule III within the weight range set out in column I of an item of that table, the charge set out in column II of that item.

  • (c) [Repealed, SOR/97-258, s. 3]

• (2) In the case of any aircraft to which subsection (1) applies, the charge for each landing of the aircraft at an airport shall not be less than the applicable minimum flight landing charge for that airport as shown in section 1 or 2 of the Part of Schedule I that sets out the airport, or in section 1 of Schedule III, as applicable.

6 [Repealed, SOR/85-861, s. 5]

Technical Landing Fees

7 [Repealed, SOR/2001-176, s. 4]

8 [Repealed, SOR/93-487, s. 6]

Flying Training Landing Charges

9 Where the Regional Director General has approved the use of an airport for the landing, by any Canadian air carrier licensed under Part II of the Canada Transportation Act, of an aircraft on a flight conducted exclusively for the purpose of improving the skill and knowledge of the aircrew personnel of that air carrier and, where arrangements are made in advance with the officer in charge of the airport where the landing takes place, the landing charge for each such landing is 20 per cent of the applicable charge prescribed in section 4.

General Terminal Charges

• 10 (1) Subject to subsections (2) and (3), in respect of a domestic flight, where an aircraft lands at an airport, the general terminal charge, per aircraft, for use of an air terminal building is

  • (a) in respect of an airport set out in a Part of Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of that Part, the charge set out in column II of that item; and

  • (b) in respect of an airport not included in Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of Schedule V, the charge set out in column II of that item.

• (2) Subject to subsection (3), in respect of an international flight, or a domestic flight from which disembarking members of the crew or passengers are required to present themselves pursuant to the Customs Act, where an aircraft lands at an airport, the general terminal charge, per aircraft, for use of an air terminal building is

  • (a) in respect of an airport set out in a Part of Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of that Part, the charge set out in column III of that item; and

  • (b) in respect of an airport not included in Schedule IV, for an aircraft with a seating capacity within the range set out in column I of an item of Schedule V, the charge set out in column III of that item.

• (3) The general terminal charge referred to in subsections (1) and (2) does not apply

  • (a) where no passenger embarks onto or disembarks from the aircraft and

    • (i) the aircraft has made a technical landing, or

    • (ii) a member of the crew disembarks from the aircraft and enters an air terminal building for the purpose of obtaining flight information, and there is no change of crew; or

  • (b) [Repealed, SOR/2001-176, s. 5]

  • (c) and (d) [Repealed, SOR/97-258, s. 6]

• (4) For the purposes of this section, there is use of an air terminal building where any passenger or member of the crew disembarks from an aircraft that has landed at an airport and enters an air terminal building or any passenger or member of the crew leaves an air terminal building and embarks onto an aircraft that has landed.

• (5) [Repealed, SOR/2001-176, s. 5]

11 [Repealed, SOR/2001-176, s. 6]

12 [Repealed, SOR/93-487, s. 10]

13 [Repealed, SOR/86-827, s. 8]

14 and 15 [Repealed, SOR/96-546, s. 2]

Aircraft Parking Charges

• 16 (1) The charge for parking an aircraft of a weight within the range set out in column II of an item of Schedule VI at an airport set out in column I of that item is

  • (a) for each day, the daily charges shown opposite that item in Column III of the Schedule for an aircraft of that weight, but not exceeding in total for any calendar month the monthly charges shown opposite that item in Column IV of the Schedule for an aircraft of that weight;

  • (b) for each calendar month, the monthly charges shown opposite that item in Column IV of the Schedule for an aircraft of that weight, but, where the conditions referred to in paragraph (c) are met, not exceeding in total for any year the annual charges, if any, shown opposite that item in Column V of the Schedule for an aircraft of that weight; and

  • (c) for each year, where the aircraft is a private aircraft and arrangements for the annual parking thereof are made in advance in writing with the officer in charge of the airport, the annual charges, if any, shown opposite that item in Column V of the Schedule for an aircraft of that weight.

• (2) Where arrangements are made in advance in writing with the officer in charge of an airport for the parking of an aircraft of a particular weight for scheduled flight overnight lay-overs at that airport on a monthly basis, the charges

  • (a) for such parking of the aircraft of that particular weight or any replacement aircraft of the same or lesser weight group shall be determined in accordance with the rates set out in Schedule VI for that airport for an aircraft of that particular weight; or

  • (b) for such parking of any replacement aircraft of a greater weight group shall be determined in accordance with the rates set out in Schedule VI for that airport for an aircraft of the weight of the replacement aircraft.

• (3) For the purposes of paragraph (1)(a), any period of 24 hours or portion thereof shall be counted as one day.

• (4) Subsections (1) and (2) do not apply in respect of

  • (a) an aircraft that is parked for six hours or less; or

  • (b) the parking of an aircraft in a hangar.

• (5) Subsections (1) to (4) do not apply in respect of an aircraft owned or operated by a Member of Parliament if the aircraft is parked at an airport other than the Member’s home-base airport and in an area designated by the officer in charge of the airport.

Charge for Emergency Response Services (ERS) Outside Normal Operating Hours for ERS

• 17 (1) Subject to subsections (2), (2.1) and (4), where emergency response services (ERS) are provided at an airport outside normal operating hours for ERS, the charge for providing the ERS, for each landing or take-off made at that airport outside normal operating hours by an aircraft of a weight within the range set out in column I of an item of Schedule VII, is the charge set out in column II, III or IV of that item, as applicable, calculated for the number of hours between the end of normal operating hours for ERS and the time of the landing or take-off, or the number of hours between the time of the landing or take-off and the beginning of normal operating hours for ERS, whichever is the lesser.

• (2) Where an aircraft lands at or takes off from an airport during other than normal operating hours for ERS at that airport and subsequently takes off from or lands, whichever is applicable, at the same airport before commencement of the next period of normal operating hours for ERS at that airport, only the greater of the ERS charges for the landing and the ERS charges for the take-off, as determined under subsection (1), are payable.

• (2.1) Where an aircraft is used for a session of flying training at an airport for the purpose described in subsection 9(1), wholly or partially during other than normal operating hours for ERS at that airport, the ERS charges payable for the session are the greater of the applicable charges, as determined under subsection (1), for the first take-off or the first landing of the session, as the case may be, and the last landing or the last take-off, as the case may be.

• (3) For the purposes of subsections (1) to (2.1), the normal operating hours for ERS are as set out in the Canada Flight Supplement.

• (4) [Repealed, SOR/2001-176, s. 7]

• (5) [Repealed, SOR/97-258, s. 8]

• (6) In subsection (3), Canada Flight Supplement means an aeronautical information publication published under the authority of the Minister of Transport for the purposes of supplementing en route charts and the Canada Air Pilot.

Payment of Charges

• 18 (1) Subject to subsection (2), all charges, except those that are payable in advance, become due and payable

  • (a) where an invoice is issued in respect of the charges, on the day on which the invoice is issued; or

  • (b) where no invoice is issued in respect of the charges, on the day on which the services to which the charges relate are received.

• (2) When payment in full has not been received by the due date established pursuant to subsection (1), interest shall be charged

  • (a) where an invoice has been issued, commencing on the thirtieth day after the day on which the invoice was issued; or

  • (b) where no invoice has been issued, commencing on the first day of the second month after the month in which the services were received.

• (3) The interest referred to in subsection (2) shall be calculated monthly on the outstanding amount, which amount shall consist of the amount of principal owing plus any accrued interest.

• (4) Where a payment is made, the period for which interest is charged in respect of the amount of the payment shall end on the day before the day on which the payment is received by the Minister.

• (5) The rate of interest shall be adjusted monthly and shall be three per cent plus the bank rate in effect at the close of business on the last business day of the previous month.

• (6) For the purposes of subsection (5), bank rate means the rate of interest established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short-term advances to members of the Canadian Payments Association.