Short Title

1 These Regulations may be cited as the Air Transportation Regulations.

Interpretation

2 In these Regulations and Part II of the Act,

ABC/ITC

ABC/ITC means a passenger charter flight on which both advance booking passengers and inclusive tour participants are carried and that is operated pursuant to Division IV of Part III; (VARA/VAFO)

ABC/ITC (domestic)

ABC/ITC (domestic) [Repealed, SOR/96-335, s. 1]

accommodation

accommodation means sleeping facilities provided on a commercial basis to the general public; (logement)

Act

Act means the Canada Transportation Act; (Loi)

advance booking charter

advance booking charter or ABC means a round-trip passenger flight originating in Canada that is operated according to the conditions of a contract entered into between one or two air carriers and one or more charterers that requires the charterer or charterers to charter the entire passenger seating capacity of an aircraft for resale by them to the public, at a price per seat, not later than a specified number of days prior to the date of departure of the flight from its origin in Canada; (vol affrété avec réservation anticipée ou VARA)

advance booking charter (domestic)

advance booking charter (domestic) or ABC (domestic) [Repealed, SOR/96-335, s. 1]

air carrier

air carrier means any person who operates a domestic service or an international service; (transporteur aérien)

air crew

air crew means the flight crew and one or more persons who, under the authority of an air carrier, perform in-flight duties in the passenger cabin of an aircraft of the air carrier; (personnel d’aéronef)

aircrew

aircrew [Repealed, SOR/96-335, s. 1]

all-cargo aircraft

all-cargo aircraft means an aircraft that is equipped for the carriage of goods only; (aéronef tout-cargo)

back-to-back flights

back-to-back flights [Repealed, SOR/96-335, s. 1]

base

base [Repealed, SOR/96-335, s. 1]

business office

business office, with respect to an air carrier, includes any place in Canada where the air carrier receives goods for transportation or offers passenger tickets for sale, but does not include an office of a travel agent; (bureau)

Canadian charter carrier licensee

Canadian charter carrier licensee means a person who is a Canadian and holds a non-scheduled international licence that is valid for charters; (transporteur fréteur licencié du Canada)

certificated maximum carrying capacity

certificated maximum carrying capacity means

• (a) the maximum number of passengers specified in the Type Approval Data Sheet or the Type Certificate Data Sheet issued or accepted by the competent Canadian authority for the aircraft type and model, or

• (b) in respect of a particular aircraft that has been modified to allow a higher number of passengers, the maximum number of passengers specified in the Supplemental Type Approval or the Supplemental Type Certificate issued or accepted by the competent Canadian authority; (capacité maximale certifiée)

common purpose charter

common purpose charter or CPC means a round-trip passenger flight originating in Canada that is operated according to the conditions of a contract entered into between one or two air carriers and one or more charterers that requires the charterer or charterers to charter the entire passenger seating capacity of an aircraft to provide transportation at a price per seat to passengers

• (a) travelling to and from a CPC event, or

• (b) participating in a CPC educational program; (vol affrété à but commun ou VABC)

common purpose charter (domestic)

common purpose charter (domestic) or CPC (domestic) [Repealed, SOR/96-335, s. 1]

courier service

courier service means an enterprise engaged in the door-to-door transportation of consignments for overnight or earlier delivery; (service de messageries)

CPC educational program

CPC educational program means a program for educational purposes organized for the exclusive benefit of full-time elementary or secondary school students, or both; (programme éducatif VABC)

CPC event

CPC event means a presentation, performance, exhibition, competition, gathering or activity that

• (a) is of apparent significance unrelated to the general interest inherent in travel, and

• (b) is not being created or organized for the primary purpose of generating charter air traffic; (événement VABC)

door-to-door transportation

door-to-door transportation means the carriage of consignments between points of pick-up and points of delivery determined by the consignor, the consignee or both, including the surface transportation portion; (transport de porte-à-porte)

entity charter

entity charter means a flight operated according to the conditions of a charter contract under which

• (a) the cost of transportation of passengers or goods is paid by one person, corporation or organization without any contribution, direct or indirect, from any other person, and

• (b) no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation; (vol affrété sans participation)

fifth freedom

fifth freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of embarking or disembarking in Canada passengers or goods destined for, or coming from, the territory of a country other than that of the non-Canadian air carrier; (cinquième liberté)

flight crew

flight crew means one or more persons acting as pilot-in-command, second officer, co-pilot, flight navigator or flight engineer during flight time; (équipage)

fourth freedom

fourth freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of embarking in Canada passengers or goods destined for the territory of the country of the non-Canadian air carrier and includes the privilege of disembarking such passengers in Canada on return from that territory; (quatrième liberté)

goods

goods means anything that can be transported by air, including animals; (marchandises)

inclusive tour

inclusive tour or tour means a round or circle trip performed in whole or in part by aircraft for an inclusive tour price for the period from the time of departure of the participants from the starting point of the journey to the time of their return to that point; (voyage à forfait)

inclusive tour charter

inclusive tour charter or ITC means a passenger flight operated according to the conditions of a contract entered into between an air carrier and one or more tour operators that requires the tour operator or tour operators to charter the entire passenger seating capacity of an aircraft for resale by them to the public at an inclusive tour price per seat; (vol affrété pour voyage à forfait ou VAFO)

inclusive tour charter (domestic)

inclusive tour charter (domestic) or ITC (domestic)[Repealed, SOR/96-335, s. 1]

inclusive tour price

inclusive tour price includes, for a participant in an inclusive tour, charges for transportation, accommodation and, where applicable, tour features; (prix de voyage à forfait)

large aircraft

large aircraft means an aircraft equipped for the carriage of passengers and having a certificated maximum carrying capacity of more than 89 passengers; (gros aéronef)

MCTOW

MCTOW means the maximum certificated take-off weight for aircraft as shown in the aircraft flight manual referred to in the aircraft’s Certificate of Airworthiness issued by the competent Canadian or foreign authority; (MMHD)

medium aircraft

medium aircraft means an aircraft equipped for the carriage of passengers and having a certificated maximum carrying capacity of more than 39 but not more than 89 passengers; (aéronef moyen)

mile

mile means a statute mile unless a nautical mile is specified; (mille)

passenger

passenger means a person, other than a member of the air crew, who uses an air carrier’s domestic service or international service by boarding the air carrier’s aircraft pursuant to a valid contract or arrangement; (passager)

permit

permit means a document issued or deemed to be issued by the Agency authorizing an air carrier holding a non-scheduled international licence, valid for the proposed flight or series of flights, to operate a charter flight or series of charter flights; (permis)

point

point [Repealed, SOR/96-335, s. 1]

price per seat

price per seat means the amount, expressed in Canadian dollars, by the payment of which round-trip air transportation may be purchased from a charterer or the charterer’s agent for a passenger on an ABC or CPC; (prix par place)

public liability

public liability means legal liability of an air carrier, arising from the air carrier’s operation, ownership or possession of an aircraft, for

• (a) injury to or death of persons other than the air carrier’s passengers, air crew or employees, and

• (b) damage to property other than property in the air carrier’s charge; (responsabilité civile)

Secretary

Secretary means the Secretary of the Agency; (secrétaire)

small aircraft

small aircraft means an aircraft equipped for the carriage of passengers and having a certificated maximum carrying capacity of not more than 39 passengers; (petit aéronef)

territory

territory means the land areas under the sovereignty, jurisdiction or trusteeship of a state, as well as territorial waters adjacent thereto, and any reference to a state shall be construed, where applicable, as a reference to the territory of that state and any reference to a geographical area comprising several states shall be construed, where applicable, as a reference to the aggregate of the territories of the states constituting that geographical area; (territoire)

third freedom

third freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of disembarking in Canada passengers who, or goods that, originated in the territory of the country of the non-Canadian air carrier and includes the privilege of re-embarking such passengers in Canada for the purpose of returning them to that territory; (troisième liberté)

toll

toll[Repealed, SOR/2012-298, s. 1]

tour features

tour features means all goods, services, facilities and benefits, other than accommodation and transportation, that are included in an ITC program at the inclusive tour price or made available to tour participants as optional extras at an additional charge; (particularités du voyage)

tour operator

tour operator means a charterer with whom an air carrier has contracted to charter an aircraft in whole or in part for the purpose of operating an inclusive tour; (voyagiste)

traffic

traffic means any persons or goods that are transported by air; (trafic)

transborder goods charter

transborder goods charter or TGC means a one-way or return charter that originates in Canada and that is operated between Canada and the United States according to the conditions of a charter contract to carry goods, entered into between one or two air carriers and one or more charterers, under which the charterer or charterers charter the entire payload capacity of an aircraft; (vol affrété transfrontalier de marchandises or VAM)

transborder passenger charter

transborder passenger charter or TPC means a one-way or return charter that originates in Canada and that is operated between Canada and the United States according to the conditions of a charter contract to carry passengers, entered into between one or two air carriers and one or more charterers, under which the charterer or charterers charter the entire passenger seating capacity of an aircraft, for resale by the charterer or charterers; (vol affrété transfrontalier de passagers or VAP)

transborder passenger non-resaleable charter

transborder passenger non-resaleable charter or TPNC means a one-way or return charter that originates in Canada and that is operated between Canada and the United States according to the conditions of a charter contract to carry passengers, entered into between one or two air carriers and one or more charterers, under which the charterer or charterers charter the entire passenger seating capacity of an aircraft and do not resell that passenger seating capacity; (vol affrété transfrontalier de passagers non revendable or VAPNOR)

transborder United States charter

transborder United States charter or TUSC means a charter originating in the United States that is destined for Canada; (vol affrété transfontalier des États-Unis or VAEU)

transportation

transportation, in respect of an inclusive tour charter, means transportation by air or any other mode

• (a) between all points in the tour itinerary, and

• (b) between airports or land terminals and the location where accommodation is provided at any point in the tour itinerary, other than the point of origin; (transport)

United States charter carrier licensee

United States charter carrier licensee means a person who is a citizen of the United States, as defined in Part 204 of the Federal Aviation Regulations, published by the Government of the United States, and who holds a non-scheduled international licence that is valid for charters between Canada and the United States; (transporteur fréteur licencié des États-Unis)

United States charterer

United States charterer means a person who has entered into an arrangement with an air carrier to provide charter air transportation originating in the United States; (affréteur des États-Unis)

working day

working day, in respect of the filing of a document with the Agency, at its head office or a regional office, means a day on which offices of the Public Service of Canada are generally open in the province where the head office or regional office is situated. (jour ouvrable)

2.1 For the purposes of these Regulations, toll means any fare, rate or charge established by an air carrier in respect of the shipment, transportation, care, handling or delivery of passengers or goods or of any service that is incidental to those services.

PART IGeneral

Air Services excluded from the Application of Part II of the Act

• 3 (1) Part II of the Act does not apply in respect of any of the following air services that are in addition to the air services set out in subsection 56(2) of the Act:

  • (a) aerial advertising services;

  • (b) aerial fire-fighting services;

  • (c) aerial survey services;

  • (d) aerial reconnaissance services;

  • (e) aerial sightseeing services;

  • (f) aerial spreading services;

  • (g) aerial weather altering services;

  • (h) air cushion vehicle services;

  • (i) transportation services for the retrieval of human organs for human transplants;

  • (j) aircraft demonstration services;

  • (k) external helitransport services;

  • (l) glider towing services;

  • (m) hot air balloon services;

  • (n) parachute jumping services; and

  • (o) rocket launching.

• (2) An operator of an air service referred to in subsection (1) or in subsection 56(2) of the Act who carries on board an aircraft persons who are not part of the air crew but who are required for the conduct of the air service is exempt from having to obtain a domestic licence or a non-scheduled international licence for the transportation of those persons.

Classification of Aircraft

• 4 (1) The following classes of aircraft that may be operated by a Canadian air carrier under a domestic licence, under a scheduled international licence or under a non-scheduled international licence are hereby established:

  • (a) small aircraft;

  • (b) medium aircraft;

  • (c) large aircraft; and

  • (d) all-cargo aircraft.

• (2) Where an air carrier holds a licence that authorizes the operation of an air service using a class of aircraft established by subsection (1), that air carrier and that licence shall be assigned the same designation as that of the class of aircraft.

Classification of Air Services

• 5 (1) The following classes of air services that may be operated under a domestic licence are hereby established:

  • (a) domestic service, small aircraft;

  • (b) domestic service, medium aircraft;

  • (c) domestic service, large aircraft; and

  • (d) domestic service, all-cargo aircraft.

• (2) The following classes of air services that may be operated under a scheduled international licence are hereby established:

  • (a) with respect to services operated by a Canadian air carrier,

    • (i) scheduled international service, small aircraft,

    • (ii) scheduled international service, medium aircraft,

    • (iii) scheduled international service, large aircraft, and

    • (iv) scheduled international service, all-cargo aircraft; and

  • (b) with respect to services operated by a non-Canadian air carrier, scheduled international service.

• (3) The following classes of air services that may be operated under a non-scheduled international licence are hereby established:

  • (a) with respect to services operated by a Canadian air carrier,

    • (i) non-scheduled international service, small aircraft,

    • (ii) non-scheduled international service, medium aircraft,

    • (iii) non-scheduled international service, large aircraft, and

    • (iv) non-scheduled international service, all-cargo aircraft; and

  • (b) with respect to services operated by a non-Canadian air carrier, non-scheduled international service.

• (4) Where an air carrier holds a licence that authorizes the operation of an air service of a class established by subsection (1), (2) or (3), that air carrier and that licence shall be assigned the same designation as that of the class of air service.

Liability Insurance

6 In section 7 and Schedule I, “passenger seat” means a seat on board an aircraft that may be permanently occupied by a passenger for the period during which the aircraft is being used for a domestic service or an international service.

• 7 (1) No air carrier shall operate a domestic service or an international service unless, for every accident or incident related to the operation of that service, it has

  • (a) liability insurance covering risks of injury to or death of passengers in an amount that is not less than the amount determined by multiplying $300,000 by the number of passenger seats on board the aircraft engaged in the service; and

  • (b) insurance covering risks of public liability in an amount that is not less than

    • (i) $1,000,000, where the MCTOW of the aircraft engaged in the service is not greater than 7,500 pounds,

    • (ii) $2,000,000, where the MCTOW of the aircraft engaged in the service is greater than 7,500 pounds but not greater than 18,000 pounds, and

    • (iii) where the MCTOW of the aircraft engaged in the service is greater than 18,000 pounds, $2,000,000 plus an amount determined by multiplying $150 by the number of pounds by which the MCTOW of the aircraft exceeds 18,000 pounds.

• (2) The insurance coverage required by paragraph (1)(a) need not extend to any passenger who is an employee of an air carrier if workers’ compensation legislation governing a claim for damages against that air carrier by the employee is applicable.

• (3) No air carrier shall take out liability insurance to comply with subsection (1) that contains an exclusion or waiver provision reducing insurance coverage for any accident or incident below the applicable minima determined pursuant to that subsection, unless that provision

  • (a) consists of standard exclusion clauses adopted by the international aviation insurance industry dealing with

    • (i) war, hijacking and other perils,

    • (ii) noise and pollution and other perils, or

    • (iii) aviation radioactive contamination;

  • (b) is in respect of chemical drift;

  • (c) is to the effect that the insurance does not apply to liability assumed by the air carrier under any contract or agreement unless such liability would have attached to the air carrier even in the absence of such contract or agreement; or

  • (d) is to the effect that the entire policy shall be void if the air carrier has concealed or misrepresented any material fact or circumstance concerning the insurance or the subject thereof or if there has been any fraud, attempted fraud or false statement by the air carrier touching any matter relating to the insurance or the subject thereof, whether before or after a loss.

• (4) An air carrier may have a comprehensive single limit liability coverage where liability risks are covered by a single policy or a combination of primary and excess policies, but no single limit liability coverage of that air carrier shall be for an amount that is less than the applicable combined insurance minima determined pursuant to paragraphs (1)(a) and (b).

• 8 (1) Every applicant for a licence or for an amendment to or renewal of a licence, and every licensee, shall file with the Agency, in respect of the service to be provided or being provided, as the case may be, a valid certificate of insurance in the form set out in Schedule I.

• (2) A person referred to in subsection (1) who files a certificate of insurance electronically shall, on the request of the Agency, file forthwith a certified true copy of the certificate.

Financial Requirements

• 8.1 (1) In this section, “applicant” means a Canadian who applies for

  • (a) a domestic licence, non-scheduled international licence or scheduled international licence that authorizes the operation of an air service using medium aircraft, or for the reinstatement of such a licence that has been suspended for 60 days or longer; or

  • (b) a domestic licence, non-scheduled international licence or scheduled international licence that authorizes the operation of an air service using large aircraft, or for the reinstatement of such a licence that has been suspended for 60 days or longer.

• (2) Subject to subsection (3), an applicant shall

  • (a) in respect of the air service specified in the application, provide the Agency with a current written statement of the start-up costs that the applicant has incurred in the preceding 12 months, with written estimates of start-up costs that the applicant expects to incur and with written estimates of operating and overhead costs for a 90-day period of operation of the air service, and establish that

    • (i) in respect of the start-up costs, the statement is complete and accurate and the estimates are reasonable,

    • (ii) in respect of the operating and overhead costs, the estimates are reasonable and are based on utilization of the aircraft solely on the specified air service under conditions of optimum demand, which utilization shall be no less than that which is necessary for the air service to be profitable,

    • (iii) subject to subparagraph (b)(i), the applicant has acquired or can acquire funds in an amount at least equal to the total costs included in the statement and in the estimates,

    • (iv) the funds are not encumbered and are comprised of liquid assets that have been acquired or that can be acquired by way of a line of credit issued by a financial institution or by way of a similar financial instrument,

    • (v) the terms and conditions under which those funds have been acquired or can be acquired are such that the funds are available and will remain available to finance the air service,

    • (vi) subject to paragraph (b), where the applicant is a corporation, at least 50% of the funds required by subparagraph (iii) have been acquired by way of capital stock that has been issued and paid for and that cannot be redeemed for a period of at least one year after the date of the issuance or reinstatement of the licence, and

    • (vii) subject to paragraph (b), where the applicant is a proprietorship or partnership, at least 50% of the funds required by subparagraph (iii) have been acquired by way of the proprietor’s or partners’ capital that has been injected into the proprietorship or partnership and that cannot be withdrawn for a period of at least one year after the date of the issuance or reinstatement of the licence;

  • (b) where the applicant is or has been in operation,

    • (i) increase the amount of funds required by subparagraph (a)(iii) by the amount of any shareholders’, proprietor’s or partners’ deficit that is disclosed in the applicant’s current audited financial statements which are prepared in accordance with generally accepted accounting principles in Canada, and those additional funds shall be acquired by way of capital stock that has been issued and paid for in the case of a corporation, or by way of the proprietor’s or partners’ invested capital in the case of a proprietorship or partnership, which capital stock or invested capital is to be subject to the condition prescribed in subparagraph (a)(vi) or (vii), and

    • (ii) decrease the amount of the capital stock that is required by subparagraph (a)(vi) to be issued and paid for in the case of a corporation, or the amount of the proprietor’s or partners’ capital that is required by subparagraph (a)(vii) to be invested in the case of a proprietorship or partnership, by the amount of any shareholders’, proprietor’s or partners’ equity that is disclosed in the applicant’s current audited financial statements which are prepared in accordance with generally accepted accounting principles in Canada; and

  • (c) file with the Agency, on request, any information that the Agency requires to determine whether the applicant has complied with the requirements of paragraphs (a) and (b).

• (3) Subsection (2) does not apply to

  • (a) an applicant that, at the proposed time of the issuance or reinstatement of the licence, operates an air service using medium or large aircraft in the case of an applicant referred to in paragraph (1)(a), or using large aircraft in the case of an applicant referred to in paragraph (1)(b), pursuant to

    • (i) a non-scheduled international licence or a scheduled international licence, or

    • (ii) a domestic licence in respect of which the applicant has, within 12 months before the proposed time of issuance or reinstatement of the licence, complied with subsection (2); and

  • (b) an applicant for the renewal of a licence referred to in paragraph (1)(a) or (b).

Provision of Aircraft with Flight Crew

• 8.2 (1) For the purposes of section 60 of the Act and subject to section 8.3, approval of the Agency is required before a person may provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee’s licence and before a licensee may provide an air service using all or part of an aircraft, with flight crew, provided by another person.

• (2) The person who provides an aircraft to a licensee and the licensee shall apply to the Agency for an approval referred to in subsection (1) at least 45 days before the first planned flight.

• (3) The application shall include the following:

  • (a) in respect of the proposed air service, evidence that the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection (4) and, where applicable, subsection (5) are in effect;

  • (b) the name of the licensee;

  • (c) if applicable, the name of the charterer or charterers and the charter program permit or authorization number;

  • (d) the name of the person providing the aircraft with flight crew;

  • (e) the aircraft type to be provided;

  • (f) the maximum number of seats and the cargo capacity of the aircraft to be provided and, where applicable, the maximum number of seats and the cargo capacity to be provided for use by the licensee;

  • (g) the points to be served;

  • (h) the frequency of service;

  • (i) the period covered by the proposed air service; and

  • (j) an explanation of why the use by the licensee of all or part of an aircraft with a flight crew provided by another person is necessary.

• (4) The licensee shall maintain passenger and third party liability insurance coverage for a service for which another person provides an aircraft with flight crew, at least in the amounts set out in section 7,

  • (a) by means of its own policy; or

  • (b) subject to subsection (5), by being named as an additional insured under the policy of the other person.

• (5) Where the licensee is named as an additional insured under the policy of the person referred to in subsection (4), there must be a written agreement between the licensee and the person to the effect that, for all flights for which the person provides aircraft with flight crew, the person will hold the licensee harmless from, and indemnify the licensee for, all passenger and third party liabilities while passengers or cargo transported under contract with the licensee are under the control of the person.

• (6) The licensee and the person who provides the aircraft with flight crew shall notify the Agency in writing forthwith if the liability insurance coverage referred to in subsection (4) and, where applicable, subsection (5) has been cancelled or altered in any manner that results in failure by the licensee or the person to maintain the coverage.

• 8.3 (1) The approval referred to in section 8.2 is not required if, in respect of the air service to be provided, the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5), are in effect and

  • (a) both the person providing an aircraft to the licensee and the licensee are Canadian, the person is a licensee and the air service to be provided is a domestic service or an air service between Canada and the United States; or

  • (b) where the air service to be provided is an international service, a temporary and unforeseen circumstance has transpired within 72 hours before the planned departure time of a flight or the first flight of a series of flights that has forced the use of all or part of an aircraft, with a flight crew, provided by another person for a period of not more than one week, and the licensee

    • (i) has notified the Agency of the proposed flight or the first flight of a series of flights covering a period of not more than one week in accordance with subsection (2), and

    • (ii) has received an acknowledgement that the conditions of this paragraph have been met.

• (2) The notification referred to in paragraph (1)(b) shall be given before the proposed flight or flights and shall contain

  • (a) a description of the temporary and unforeseen circumstance and an explanation of why it requires the use of all or part of an aircraft with a flight crew provided by another person;

  • (b) in respect of the air service to be provided,

    • (i) a statement that the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5) are in effect and that the liability insurance coverage is available for inspection by the Agency on request, or

    • (ii) where use of the aircraft and flight crew does not require an Agency licence, a copy of the Canadian aviation document and the certificate of liability insurance;

  • (c) where the aircraft to be used is larger than that authorized in the charter permit, a statement that the number of seats sold will not be greater than the number authorized in the charter permit;

  • (d) the name of the licensee;

  • (e) the name of the person providing the aircraft with a flight crew;

  • (f) the aircraft type to be provided;

  • (g) the number of seats and the cargo capacity of the aircraft to be provided;

  • (h) the date of each flight; and

  • (i) the routing of each flight.

8.4 Where the Agency has granted an approval, or no approval is required pursuant to section 8.3, the licensee is not required to

• (a) notwithstanding paragraph 18(a), furnish the services, equipment and facilities that are necessary for the purposes of the provision of the air service; or

• (b) satisfy the condition set out in paragraph 18(c).

Public Disclosure

• 8.5 (1) Subject to subsection (4), a licensee that intends to provide an air service described in subsection 8.2(1) shall so notify the public in accordance with subsection (2).

• (2) The licensee shall give notification that the air service referred to in subsection (1) is being operated using an aircraft and a flight crew provided by another person, and shall identify that person and specify the aircraft type

  • (a) on all service schedules, timetables, electronic displays and any other public advertising of the air service; and

  • (b) to travellers

    • (i) before reservation, or after reservation if the arrangement for the air service has been entered into after a reservation has been made, and

    • (ii) on check-in.

• (3) A licensee shall identify the person providing the aircraft and specify the aircraft type for each segment of the journey on all travel documents, including, if issued, itineraries.

• (4) Where paragraph 8.3(1)(b) applies, a licensee is exempt from having to comply with the requirements of subsection (1), paragraph (2)(a), subparagraph (2)(b)(i) and subsection (3) only if the licensee has made every effort to comply with them.

• (5) Where an approval is required by subsection 8.2(1) or an acknowledgement is required by paragraph 8.3(1)(b), the licensee may give the notification referred to in subsection (2) before receipt of the approval or acknowledgement if the notification contains a statement that the provision of the air service using all or part of an aircraft, with a flight crew, provided by a person other than the licensee is subject to the consent of the Agency.

9 [Repealed, SOR/96-335, s. 4]

PART IIDomestic and International Licences and Reduction in Domestic Services

Domestic Licensing

• 10 (1) An applicant for a domestic licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence to establish that the applicant

  • (a) is a Canadian or is exempted from that requirement under section 62 of the Act;

  • (b) holds a Canadian aviation document that is valid in respect of the air service to be provided under the licence;

  • (c) has the liability insurance coverage required by section 7 in respect of the air service to be provided under the licence and has complied with section 8; and

  • (d) where the applicant is required to meet the financial requirements set out in section 8.1, meets those requirements.

• (2) Every holder of a domestic licence shall, within 30 days after each anniversary date of the licence, file with the Agency a declaration in the form set out in Schedule II.

11 to 13 [Repealed, SOR/96-335, s. 7]

Reduction or Discontinuance of Domestic Services

• 14 (1) For the purposes of subsection 64(1) of the Act, a licensee proposing to discontinue or to reduce the frequency of a domestic service to a point to less than one flight per week, where, as a result of the proposed discontinuance or reduction, there will be only one licensee or no licensee offering at least one flight per week to that point, shall give notice of the proposal

  • (a) to the Agency, to the Minister and to the minister responsible for transportation in the province or territory where the area to be affected is located, by sending them a notice in the form set out in Schedule III; and

  • (b) to holders of domestic licences operating in the area to be affected by the proposal and to persons resident therein, by publishing notice in the form set out in Schedule III in newspapers with the largest circulation in that area in each official language, the names of which newspapers shall be obtainable from the Agency on request by the licensee.

• (1.1) For the purposes of subsection 64(1.1) of the Act, a licensee proposing to discontinue a year-round non-stop scheduled air service between two points in Canada, where the proposed discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points, shall give notice of the proposal to the persons, and in the manner, referred to in paragraphs (1)(a) and (b).

• (2) The date of the notice referred to in paragraph (1)(b) shall be the same as the date on which the notice appears in the newspaper.

International Licensing

• 15 (1) An applicant for a scheduled international licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence to establish that the applicant

  • (a) is eligible to hold a scheduled international licence;

  • (b) holds a Canadian aviation document that is valid in respect of the air service to be provided under the licence;

  • (c) has the liability insurance coverage required by section 7 in respect of the air service to be provided under the licence and has complied with section 8; and

  • (d) where the applicant is required to meet the financial requirements set out in section 8.1, meets those requirements.

• (2) An applicant for a non-scheduled international licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence that

  • (a) meets the requirements of paragraphs (1)(b) to (d); and

  • (b) establishes that

    • (i) the applicant is a Canadian, or

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

• (3) Every holder of a scheduled international or a non-scheduled international licence shall, within 30 days after each anniversary date of the licence, file with the Agency a declaration in the form set out in Schedule II.

International Service Exclusions

16 Notwithstanding paragraph 20(a), the holder of a non-scheduled international licence valid for the operation of charters with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less may charter, at any one time, any aircraft with an MCTOW of 35,000 pounds (15,900 kg) or less to one courier service that obtains payment for goods carried at a toll per unit, if the courier service has been contracted to provide door-to-door transportation of the goods.

17 A non-Canadian air carrier is exempt from the requirement set out in paragraph 57(a) of the Act where the carrier disembarks passengers or goods in Canada as a result of circumstances beyond the carrier’s control.

Licence Conditions

18 Every scheduled international licence and non-scheduled international licence is subject to the following conditions:

• (a) the licensee shall, on reasonable request therefor, provide transportation in accordance with the terms and conditions of the licence and shall furnish such services, equipment and facilities as are necessary for the purposes of that transportation;

• (b) the licensee shall not make publicly any statement that is false or misleading with respect to the licensee’s air service or any service incidental thereto; and

• (c) the licensee shall not operate an international service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

19 Subject to sections 142 and 143, every scheduled international licence shall be subject to the condition that the licensee shall, subject to any delays due to weather, conditions affecting safety or abnormal operating conditions, operate every flight in accordance with its service schedule.

20 Every non-scheduled international licence is subject to the following conditions:

• (a) the licensee shall not charter an aircraft to a person who obtains payment for traffic carried at a toll per unit, unless the licensee is providing a service pursuant to Part III, except Division III of that Part, or pursuant to Part IV, except Division III of that Part; and

• (b) the licensee shall permit the Agency to inspect the records maintained by the licensee in respect of any advance payments received by the licensee in connection with a CPC, ABC/ITC, ITC, ABC or TPC.

21 [Repealed, SOR/96-335, s. 10]

PART IIIInternational Charters (Non-U.S.)

Application

21.1 Except as otherwise provided in Part IV, Divisions I to VI apply in respect of international charters except TPCs, TPNCs and TGCs.

Permits

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.

Categories of Permits

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).

Powers of the Agency

• 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.

DIVISION ICarriage of Goods on Passenger Charters

• 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.

DIVISION IICommon Purpose Charters

24 [Repealed, SOR/96-335, s. 13]

• 24.1 (1) No air carrier shall operate a CPC unless the air carrier

  • (a) holds a non-scheduled international licence valid for the proposed CPC; and

  • (b) has been issued a program permit or is deemed to have been issued a small carrier charter permit in respect of the CPC, by the Agency.

• (2) An air carrier who proposes to operate a CPC or a series of CPCs that use aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply to the Agency for a program permit in respect of the CPC or series of CPCs.

• (3) The Agency shall not consider an application referred to in subsection (2) unless the air carrier has a financial guarantee with a Canadian financial institution, in a standard form provided by the Agency, that provides that any advance payment in respect of the CPC is fully protected from the time it is received by the air carrier from the charterer.

• (4) An air carrier referred to in subsection (2) shall, at least 30 days before the cancellation or termination of a financial guarantee referred to in subsection (3), file a copy of a new or renewed, as the case may be, financial guarantee with the Agency.

24.2 A financial guarantee referred to in subsection 24.1(3) shall specify

• (a) that any amount to which a charterer is entitled under the charter contract for unperformed CPC transportation be fully and promptly refunded by the Canadian financial institution that issued the guarantee;

• (b) that any amount refunded in accordance with paragraph (a) be deposited in a trust account in the name and for the benefit of the charterer;

• (c) that any money withdrawn from the trust account be used only for the payment of replacement air transportation or refunds to the proposed users of the CPC, either directly or through the appropriate travel agent or provincial authority;

• (d) that the financial institution that issued the financial guarantee will not amend or cancel the financial guarantee without first giving 45 days notice to the Agency; and

• (e) the name of the province under the laws of which the financial guarantee is to be interpreted.

• 25 (1) An application, and any application to amend a previous application, for a program permit for a CPC shall be filed with the Agency by the air carrier that is to perform the outbound portion of the CPC, as soon as the charter contract is signed or amended by the air carrier and the charterer and in any event not less than 30 days before the commencement of the CPC.

• (2) Every application for a program permit to operate a CPC shall be made in writing and the applicant shall

  • (a) submit therewith a copy of the executed charter contract;

  • (b) furnish

    • (i) a detailed description of the CPC event, including

      • (A) its location, duration and character,

      • (B) the names of its organizers and sponsors, and

      • (C) the charge or other contribution, if any, to be made for attendance at, or participation in, the event, or

    • (ii) the particulars of the CPC educational program as concurred in by the appropriate school authorities and written evidence of their concurrence;

  • (c) in the case of a CPC relating to a CPC event, attach samples of any documentation or other material from any source promoting or describing the CPC event or, if there is no such material, provide evidence showing that the CPC event will take place;

  • (d) specify how the charter price stated in the charter contract referred to in paragraph (a) was calculated;

  • (e) provide a statement by each charterer showing

    • (i) the name, address, nationality and nature of business of the charterer,

    • (ii) where the charterer is a company, the name, address and nationality of each director of the company,

    • (iii) a summary of the charterer’s experience relating to transportation activities including, where applicable, particulars of the charterer’s membership in travel organizations and of the licensing or registration of the charterer under any law of a province requiring travel agents to be licensed or registered, and

    • (iv) evidence of the financial responsibility of the charterer, including

      • (A) in respect of the charterer’s latest financial year, financial statements duly approved by the board of directors or other executive body, together with the auditor’s report,

      • (B) if the date of the receipt by the Agency, pursuant to paragraph (a), of the copy of the executed charter contract is more than six months after the end of the charterer’s financial year, a copy of the current financial statements signed by a person duly authorized by the charterer,

      • (C) a letter from the charterer’s bank indicating the extent of the charterer’s line of credit, and

      • (D) a description of the arrangements made by the charterer to ensure the protection of moneys paid to the charterer in respect of CPCs during the period in which those moneys remain in the charterer’s possession;

  • (e.1) provide a statement by each charterer, signed and witnessed, certifying that the charterer is in possession of

    • (i) in the case of a letter of credit, the original of the letter of credit applicable in respect of the CPC, or

    • (ii) in the case of any other type of financial guarantee, a copy of the financial guarantee applicable in respect of the CPC;

  • (f) establish

    • (i) the adequacy of the arrangements referred to in clause (e)(iv)(D),

    • (ii) the financial ability of the charterer to perform the contract, and

    • (iii) that the charterer has a principal place of business in Canada or, if the charterer is a corporation, that it is registered under the laws of Canada or any province; and

  • (g) provide a copy of the financial guarantee applicable in respect of the CPC.

• (3) [Repealed, SOR/92-709, s. 3]

• 26 (1) Subject to subsection (2), on receipt of an application referred to in section 25 that is made by a non-Canadian air carrier for a fifth freedom CPC, the Agency shall advise thereof all Canadian air carriers holding a non-scheduled international licence valid for the proposed CPC by making particulars of the application available to those air carriers.

• (2) Where a non-Canadian air carrier holding a valid scheduled international licence applies for a program permit to operate a CPC between points in Canada and points in the country in which the air carrier is headquartered that are served pursuant to the scheduled international licence, subsection (1) does not apply.

• (3) Each air carrier advised pursuant to subsection (1) shall, within seven days after the receipt of the Agency’s advice, or within such other period as the Agency may indicate in the advice, file with the Agency a written notice, in which such departures from the particulars set out in the advice as the air carrier may propose shall be specified, if the air carrier is willing and able to undertake

  • (a) all CPCs indicated in the advice that are proposed to be operated as back-to-back flights; or

  • (b) any CPC indicated in the advice that is proposed to be operated in a manner other than that described in paragraph (a).

• (4) Where an air carrier files notice with the Agency pursuant to subsection (3), and the proposals of the air carrier are in accordance with the requirements of these Regulations, no program permit shall be issued to the non-Canadian air carrier in respect of the CPCs referred to in that subsection.

• (5) Where a notice referred to in subsection (3) is received by the Agency in respect of a CPC proposed to be operated between a point in Canada and a point in the territory of another country that are both served under the licence of an air carrier holding a valid scheduled international licence, the Agency may grant a program permit in respect of the CPC to that air carrier only.

• (6) This section does not apply in respect of an application by a United States charter carrier licensee who holds a non-scheduled international licence that is valid for the proposed charter.

• 27 (1) A CPC contract between an air carrier and one or more charterers shall be made subject to the following conditions:

  • (a) one charterer or all the charterers shall contract for the entire passenger seating capacity of the aircraft to be used exclusively in the CPC;

  • (b) where the passenger seating capacity of the aircraft is at least 20 passenger seats, each charterer contracting for passenger seats shall contract for at least 20 seats; and

  • (c) where the passenger seating capacity of the aircraft is less than 20 passenger seats, one charterer shall charter the entire passenger seating capacity of the aircraft.

• (2) A CPC contract referred to in subsection (1) shall, in respect of each CPC to be operated thereunder, include the following:

  • (a) the proposed point of origin and point of destination;

  • (b) the routing, including landings for technical purposes, if any;

  • (c) the proposed dates and times of arrival and departure in respect of the points of origin and destination and the landings for technical purposes;

  • (d) the type, configuration and capacity of the aircraft to be used;

  • (e) the number of seats contracted for by each charterer;

  • (f) the full charter price, which price shall be in accordance with the terms of the air carrier’s applicable tariff on file with the Agency and in effect on the date the contract is signed; and

  • (g) the price per seat described in subparagraph (3)(a)(ii).

• (3) The CPC contract referred to in subsection (1) shall be made subject to the following conditions:

  • (a) the charterer shall

    • (i) pay to the air carrier, at least seven days before the departure of the outgoing portion of any CPC provided for in the contract, the full charter price of the CPC,

    • (ii) charge each person to be carried on the CPC for return air transportation exclusive of any other charge, contribution, fee or levy that may be collected by a charterer or by any other person in connection with the CPC, CPC event or CPC educational program, a price per seat that is not less than the per seat pro rata of the charter price to be paid pursuant to subparagraph (i) for the entire capacity of the aircraft to be engaged in that CPC,

    • (iii) issue or cause to be issued to each of the persons who paid the price per seat referred to in subparagraph (ii) a return ticket in the person’s name or in the name of any other person designated by him, which ticket shall show the price paid,

    • (iv) inform those persons in writing of the terms and conditions applicable to the refund of payments made by them to the charterer or the agents of the charterer, and include in the information a notice to the effect that no refund will be made and no alternate transportation will be provided to a person who elects not to use the return portion of his ticket for the CPC,

    • (v) provide the air carrier with the information required by the Agency concerning a charterer,

    • (vi) observe the requirements of this Division,

    • (vii) forfeit any payments made to the air carrier if, owing to the charterer’s acts or omissions, no program permit is issued by the Agency in respect of the CPC that the charterer contracted for or if, owing to a breach by the charterer of the CPC contract, a program permit issued, or a small carrier charter permit that is deemed to have been issued, to the air carrier is cancelled by the Agency in respect of that charterer, and

    • (viii) make available to any of the charterer’s agents who is engaged in the sale of CPC passenger seats and, on request, to any person who is interested in participating in the CPC, a brochure that sets out accurately

      • (A) the name of the air carrier or air carriers offering transportation,

      • (B) the name of the charterer or charterers,

      • (C) the price per seat to be charged by the charterer for the air transportation contracted for, and

      • (D) a notice that the transportation offered is in accordance with the CPC provisions of these Regulations; and

  • (b) any public solicitation carried out and any ticket issued in respect of the CPC before the Agency has issued a program permit therefor shall include a notice that the CPC is subject to the approval of the Agency.

• (4) Every CPC contract shall include a clause requiring the observance of the conditions specified in subsection (3).

• 28 (1) Subject to subsection (2), a CPC may be operated by two air carriers if

  • (a) both air carriers qualify therefor under subsection 24.1(1);

  • (b) one air carrier is to perform the outgoing portion and the other air carrier the return portion of the CPC, and both portions are provided for by the same CPC contract;

  • (c) the CPC contract is signed by the two air carriers; and

  • (d) the charter price is in accordance with the air carriers’ CPC tariffs filed with the Agency that are in effect on the date the CPC contract is signed.

• (2) Where a CPC is operated by two air carriers, the air carrier performing the outgoing portion of the CPC shall, before commencing the flight, obtain from the competent authorities of the country of destination authorization for the operation of that CPC.

• 29 (1) No air carrier shall

  • (a) pay or offer to pay any commission or gratuity or give or offer to give any other benefit to any person in respect of a CPC;

  • (b) advertise any CPC or cause it to be advertised;

  • (c) participate in any way in

    • (i) the promotion of a CPC, or

    • (ii) the sale by the seat of CPC transportation;

  • (d) enter into a CPC contract with a charterer

    • (i) that the air carrier owns or in which the air carrier has a financial interest, or

    • (ii) that is a member of the same corporate structure to which the air carrier belongs through affiliation or common ownership;

  • (e) act directly or indirectly as a charterer; and

  • (f) operate a CPC to a CPC event or in connection with a CPC educational program it organized, sponsored or promoted.

• (2) The operation of a CPC by an air carrier shall be subject to the requirements of these Regulations and to the following conditions:

  • (a) return transportation shall be provided on the CPC to all persons who were issued a ticket for that CPC pursuant to subparagraph 27(3)(a)(iii);

  • (b) transportation shall be provided from one point of origin to one point of destination and back therefrom to the point of origin, except that any CPC operated in connection with a CPC educational program may return from a point other than the destination of its outbound portion;

  • (c) subject to section 31, transportation on any ongoing portion of a CPC or on the return portion thereof shall not be made available to any person not transported on the first outbound portion thereof; and

  • (d) separate passenger manifests for the outgoing and return portions of any CPC shall forthwith, on request, be filed with the Agency or furnished to its authorized representative for filing therewith.

• (3) The operation of a CPC to and from a CPC event shall be subject to the requirements of subsection (2) and to the following conditions:

  • (a) the point of destination referred to in paragraph (2)(b) shall be an airport open to international traffic located reasonably close to where the CPC event takes place; and

  • (b) the outgoing portion of the CPC shall arrive at the point of destination not more than two days prior to the day when the CPC event commences, and the return portion thereof shall take off not later than

    • (i) two days after that event has terminated, or

    • (ii) midnight of the seventh day after the arrival of the outgoing portion of the CPC at the point of destination,

  whichever is sooner.

• 30 (1) Except as otherwise provided in this section, Division II of Part V applies to a CPC.

• (2) No air carrier shall operate a CPC unless

  • (a) the air carrier has filed with the Agency a CPC tariff; and

  • (b) the tariff referred to in paragraph (a) is in effect on the date of signature of the contract for the CPC and is applicable for the dates and times of performance of the outbound and inbound portions of the CPC under that contract.

• (3) No air carrier shall, in respect of a CPC, charge any toll other than the tolls that are applicable to that CPC pursuant to the air carrier’s CPC tariff on file with the Agency and in effect.

• (4) Unless a CPC tariff filed with the Agency has been rejected, or suspended or disallowed by the Agency, or withdrawn by the air carrier, prior to its effective date, a CPC tariff becomes effective not less than

  • (a) 45 days after the date of filing that tariff, if filed by a Canadian air carrier; and

  • (b) 30 days after the date of filing that tariff, if filed by a non-Canadian air carrier.

• (5) Notwithstanding subsection (4), no CPC tariff filed with the Agency by a non-Canadian air carrier shall become effective unless that air carrier identifies such toll in a Canadian air carrier’s CPC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

• (6) A CPC tariff filed with the Agency shall remain in effect for at least six months but not longer than 12 months after the effective date thereof.

• (7) Tolls shall be published for the entire passenger seating capacity of every aircraft on a CPC at a rate per seat per mile, expressed in cents to the third decimal, indicating the type and seating configuration of the aircraft, the days or other period of time and the geographic area or route in respect of which the tolls apply.

• (8) Notwithstanding any other provision in these Regulations, any toll contained in the CPC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest CPC toll of any Canadian air carrier on file with the Agency and in effect that, pursuant to the terms and conditions of the Canadian air carrier’s CPC tariff, could apply to such CPC transportation as is covered by the non-Canadian air carrier’s toll.

• (9) Where, pursuant to subsection (8), the CPC toll in the tariff of a non-Canadian air carrier is disallowed,

  • (a) that non-Canadian air carrier may, notwithstanding paragraph (4)(b) and subsection (6), on notification by the Agency of the disallowance of that toll, substitute therefor a new toll, which shall not be less than the Canadian air carrier’s toll described in subsection (8) and shall become effective not less than 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 for the disallowed toll a new toll which shall take effect in the tariff forthwith, notwithstanding paragraph (4)(b) and subsection (6).

• 31 (1) An air carrier may utilize any space on an aircraft used for a CPC for the purposes of the transportation of the carrier’s own goods and personnel and another air carrier’s personnel or for any of those purposes with, if that space is chartered, the prior written concurrence of the charterer.

• (2) [Repealed, SOR/96-335, s. 20]

• 32 (1) The Agency shall issue a program permit where

  • (a) sections 24.1 to 25, 29 and 30 and, where applicable, section 26 are complied with;

  • (b) the CPC contract is in accordance with section 27 and the condition to which that contract is made subject pursuant to paragraph 27(3)(b) is observed;

  • (c) as applicable

    • (i) the CPC event described in the application pursuant to subparagraph 25(2)(b)(i) is in accordance with the definition of “CPC event” set out in section 2, or

    • (ii) the CPC educational program described in the application pursuant to subparagraph 25(2)(b)(ii) includes a written undertaking by the appropriate school authorities that the students to be transported on the CPC will be accompanied by educational staff of the school or by parents of the students as leaders or chaperons, in the proportion of one leader or chaperon for not more than 20 and not less than 10 such students; and

  • (d) the air carrier has arranged suitable aircraft arrival and departure times with the appropriate Canadian airport authorities.

• (2) The Agency shall issue, to an air carrier, a separate program permit for each CPC that meets the requirements of subsection (1).

• (3) Each program permit shall be given an identification number by the Agency.

• (4) An air carrier to whom a valid CPC program permit has been issued or to whom a small carrier charter permit for the purpose of providing a CPC is deemed to have been issued shall perform the flights that constitute the CPC.

• (5) and (6) [Repealed, SOR/96-335, s. 21]

• (7) An air carrier that holds a valid CPC program permit may

  • (a) modify the CPC program approved by that permit, by advising the Agency of changes, by letter or electronic message, with respect to

    • (i) the type of aircraft used,

    • (ii) the seating capacity, or

    • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

  • (b) apply to the Agency in writing, submitting a modified CPC contract, to amend that permit by way of changes not described in paragraph (a).

• (8) An air carrier modifying a CPC program in accordance with paragraph (7)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

• (9) No application submitted by an air carrier pursuant to paragraph (7)(b) shall be accepted by the Agency unless the application is filed with the Agency as described in subsection 25(1), except that applications to operate additional flights on or between the dates of the originally approved flights may be filed not less than 15 days prior to the proposed date of the first additional flight.

• (10) The CPC program permit shall be carried on board the aircraft used for the CPC or be available at the point of origin of the CPC.

32.1 An air carrier that proposes to operate a CPC or series of CPCs with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit for that purpose by the Agency if the air carrier meets all the applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate a CPC or series of CPCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

DIVISION IIIEntity Charters

33 [Repealed, SOR/96-335, s. 23]

33.1 No air carrier shall operate an entity charter unless the air carrier

• (a) holds a non-scheduled international licence valid for the proposed charter; and

• (b) has been issued a program permit, or is deemed to have been issued a small carrier charter permit, by the Agency.

33.2 An air carrier that proposes to operate an entity charter with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the entity charter in accordance with subsection 34(2).

• 34 (1) An air carrier that applies for a program permit for an entity charter shall

  • (a) file the application with the Agency not more than six months prior to the date of a proposed flight or the first of any proposed series of flights in respect of which the application is made and not less than

    • (i) two working days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, where the air carrier proposes to operate a third freedom or fourth freedom entity charter pursuant to the carrier’s valid non-scheduled international licence, or

    • (ii) thirty days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, other than flights described in subparagraph (i);

  • (b) provide the Agency with a copy of the executed charter contract between the charterer and the air carrier and, if not apparent therefrom, shall indicate in the application the date, time, points of origin and destination and routing of the proposed flight, the type and configuration of the aircraft, the number of seats or capacity contracted for and the calculation of the charter price; and

  • (c) provide the Agency with an affidavit of the charterer or, where the charterer is a corporation, an affidavit of a duly authorized officer of the corporation identifying both the officer and the corporation, that verifies, in respect of each trip, that

    • (i) the cost of transportation of passengers or goods is paid solely by the charterer, and

    • (ii) no charge or other financial obligation is imposed on any passenger as a condition of carriage or otherwise in connection with the transportation.

• (2) Subject to subsection (3), the Agency shall issue a program permit to operate an entity charter to an air carrier who has complied with subsection (1) and who otherwise meets the applicable requirements of these Regulations.

• (3) The Agency shall not issue a program permit in respect of a flight of any series of flights, if the flight is not to be completed within one year after the commencement of the first flight of the series.

34.1 The operation of an entity charter shall be subject to the following conditions:

• (a) the total amount of direct and indirect payments by the air carrier from all sources, by way of commission or other benefits, to any individuals, corporations, partnerships or organizations involved in the proposed charter shall not exceed an amount totalling five per cent of the charter price calculated in accordance with the applicable tariff in effect and on file with the Agency;

• (b) notwithstanding paragraph (a), the air carrier shall pay no commission to the charterer;

• (c) the charter price charged to the charterer shall be in accordance with the air carrier’s applicable tariff on file with the Agency and in effect on the date the charter contract is signed;

• (d) the total amount paid for air transportation shall not be other than the charter price calculated in accordance with the tariff referred to in paragraph (c); and

• (e) notwithstanding paragraph (a), any space not utilized by the charterer may, with the written concurrence of the charterer, be used by the air carrier.

35 Notwithstanding paragraph (a) of the definition “entity charter” in section 2 and subparagraph 34(c)(i), the issue of a program permit or the deemed issuance of a small carrier charter permit by the Agency to an air carrier to operate an entity charter originating in Canada for the transportation of live cattle, equines, swine, sheep, goats and poultry is not subject to the condition that the cost of transportation be paid solely by the charterer if there is only one charterer per flight.

• 36 (1) Except as provided for in subsection (2), on receipt of an application that is made by a non-Canadian air carrier for a program permit to operate a fifth freedom entity charter and that satisfies the requirements of these Regulations, the Agency shall, by making particulars of the application available to all Canadian air carriers holding non-scheduled international licences valid for that entity charter, advise those carriers of the application.

• (2) [Repealed, SOR/96-335, s. 24]

• (3) Each air carrier advised pursuant to subsection (1) shall, within seven days after the receipt of the Agency’s advice, or within such other period as the Agency may indicate in the advice, file with the Agency a written notice, in which such departures from the particulars set out in the advice as the air carrier may propose shall be specified, if the air carrier is willing and able to undertake

  • (a) all entity charters indicated in the advice that are proposed to be operated as a series of flights; or

  • (b) any entity charter indicated in the advice that is proposed to be operated in a manner other than that described in paragraph (a).

• (4) Where an air carrier files notice with the Agency in compliance with subsection (3), and the proposals of that air carrier are in accordance with the requirements of these Regulations, no program permit shall be issued to the non-Canadian air carrier in respect of the entity charter referred to in that subsection.

• (5) Where a notice referred to in subsection (3) is received by the Agency from an air carrier holding a valid scheduled international licence and is in respect of an entity charter that is proposed to be operated between a point in Canada and a point in the territory of another country that are both served pursuant to the air carrier’s licence, the Agency may grant a program permit to perform the entity charter only to that air carrier.

• (6) This section does not apply in respect of an application to operate a charter referred to in section 35 or in respect of an application by a United States charter carrier licensee who holds a valid non-scheduled international licence.

36.1 An air carrier that proposes to operate an entity charter with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets all the applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an entity charter with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

DIVISION IVFlights Carrying Both Advance Booking Charter Passengers and Inclusive Tour Participants

37 No air carrier shall operate an ABC/ITC originating in Canada unless the air carrier

• (a) holds a non-scheduled international licence that is valid for the proposed charter; and

• (b) has a program permit that has been issued, or a small carrier charter permit that is deemed to have been issued, by the Agency in respect of the ABC/ITC.

• 37.1 (1) An air carrier that proposes to operate an ABC/ITC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the ABC/ITC.

• (2) The application for the program permit shall be made by the air carrier as soon as the charter contract is signed or amended by the air carrier and the charterer or tour operator, and not less than 15 days and not more than one year before the date of the proposed ABC/ITC or, in the case of a proposed series of ABCs/ITCs, the date of the first flight.

• (3) The application for the program permit shall contain

  • (a) a copy of the executed charter contracts relating to ABC and ITC transportation; and

  • (b) all the information to be submitted together with those contracts pursuant to Divisions V and VI.

37.2 The Agency shall issue a program permit in respect of an ABC/ITC if the air carrier meets all applicable requirements of the Act and these Regulations.

37.3 No air carrier shall operate an ABC/ITC originating in Canada unless

• (a) the entire passenger seating capacity of the aircraft engaged in the ABC/ITC has been chartered; and

• (b) each charterer or tour operator, as the case may be, has chartered for at least 20 seats assigned to either ABC or ITC transportation on that aircraft.

38 Notwithstanding any other provision of this Part, advance booking charter passengers shall not be required to occupy seats covered by an ABC contract, and ITC tour participants shall not be required to occupy seats covered by an ITC contract, except on the outbound portions of their respective ABC or ITC trips.

• 39 (1) Except as provided in this Division, the ABC portion of an ABC/ITC shall be governed by Division VI and the ITC portion thereof shall be governed by Division V.

• (2) Paragraphs 43.1(e) and 43(3)(g) and (k) shall not apply to the ITC portion of an ABC/ITC, and that portion shall be deemed to constitute an ABC for the purpose of determining permissible points of origin and destination, durations and public solicitation.

• 40 (1) Where there is any doubt as to the provisions of these Regulations governing an ABC/ITC, the provisions of Division VI shall prevail.

• (2) Every ABC/ITC contract shall include a clause requiring observance of the conditions specified in subsection 43(3) and sections 51, 55, 57 and 59 and of the requirements of section 56.

• 41 (1) Except as provided in subsection (3), an amendment to an ABC/ITC in respect of the proposed allocation of seats to ABC and ITC transportation on the outbound portion thereof, where there is at least one charterer and one tour operator who is not that charterer, shall be

  • (a) subject to paragraph 37.3(b); and

  • (b) where a program permit for the ABC/ITC has been issued by the Agency, submitted to the Agency, together with a copy of the executed charter contracts amended accordingly.

• (1.1) The charterer and tour operator shall ensure that an amendment and copies of the amended charter contracts in respect of an ABC/ITC for which a program permit has been issued by the Agency are received by the Secretary not less than five days prior to the earliest prebooking deadline applicable to the sale of transportation on that ABC/ITC as authorized by the Agency.

• (2) The Agency shall not disallow an amendment in respect of an ABC/ITC referred to in subsection (1.1) where it is received by the Secretary together with the copies of the amended charter contracts within the time limit set out in that subsection.

• (3) An amendment to an ABC/ITC in respect of the proposed allocation of seats to ABC and ITC transportation on the outbound portion thereof, where the charterer and tour operator are the same person, shall be

  • (a) subject to paragraph 37.3(b); and

  • (b) where a program permit has been issued for the ABC/ITC, communicated to the Agency by letter or electronic message, at least five days prior to the earliest prebooking deadline applicable to the sale of transportation on that ABC/ITC as authorized by the Agency.

• (4) An air carrier that holds a valid ABC/ITC program permit may

  • (a) modify the ABC/ITC program approved by that permit, on submitting to the Agency a letter or electronic message advising of changes, with respect to

    • (i) the type of aircraft used,

    • (ii) the seating capacity, or

    • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

  • (b) apply to the Agency in writing, submitting a modified ABC/ITC contract, to amend that permit by way of changes not described in paragraph (a).

• (5) An air carrier modifying an ABC/ITC program in accordance with paragraph (4)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

• (6) No application by an air carrier to amend, otherwise than in accordance with subsections (1) and (3) and paragraph (4)(a), a program permit issued to the air carrier shall be considered by the Agency unless the application is filed as described in section 37.1, except that applications to operate additional flights on or between the dates of the originally approved flights may be filed not less than five days prior to the earliest prebooking deadline applicable to the sale of transportation as established in section 56.

42 Where an air carrier’s tariffs for ABC and ITC transportation that are on file with the Agency and in effect differ, the air carrier’s ABC tariff and section 62 shall apply in respect of any ABC/ITC operated by the air carrier.

42.1 An air carrier that proposes to operate an ABC/ITC or series of ABC/ITCs with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit for that purpose by the Agency if the air carrier meets all the applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an ABC/ITC or series of ABC/ITCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

DIVISION VInclusive Tour Charters

• 43 (1) No air carrier shall operate an ITC originating in Canada unless the air carrier

  • (a) holds a non-scheduled international licence valid for the proposed charter; and

  • (b) has been issued a program permit, or has been deemed to have been issued a small carrier charter permit, by the Agency.

• (2) An air carrier that proposes to operate an ITC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the ITC.

• (2.1) An air carrier that applies for a program permit in respect of an ITC shall

  • (a) set out in the application a detailed description of the proposed tour, together with supporting documents, including the dates, times, points of origin and destination and routing of the proposed charter, the type and configuration of aircraft, the name of the tour operator chartering the aircraft and the calculation of the charter price and the inclusive tour price;

  • (b) file the application with the Agency, as soon as the charter contract is signed or amended by the air carrier and the tour operator and not less than 15 days and not more than one year before the date of the proposed ITC or, in the case of a proposed series of ITCs, the date of the first flight, and

    • (i) in the case of an application by a Canadian air carrier, furnish a copy of the executed charter contract between the tour operator and the air carrier, and

    • (ii) in the case of an application by a non-Canadian air carrier, furnish the same information as required by these Regulations from Canadian air carriers but the proposed itinerary shall include a first stop, in the territory of the applicant’s country, of such a duration that ongoing transportation or return transportation from that territory shall not be commenced prior to the fourth day after the scheduled day of departure from the point of origin of the tour, except that the duration of such a first stop need not be longer than 72 hours from the scheduled hour and day of departure of the ITC where that country is within an area specified in paragraph (3)(g);

  • (c) require full payment in respect of the entire charter price at least seven days before the commencement of the ITC, and subsections 24.1(3) and (4), section 24.2 and paragraphs 25(2)(e.1) and (g) apply, with such modifications as the circumstances require, in respect of the advance payments;

  • (d) provide the Agency with a statement by each tour operator showing

    • (i) the name, address, nationality and nature of business of the tour operator,

    • (ii) where the tour operator is a corporation, the name, address and nationality of each director of the corporation,

    • (iii) a summary of the tour operator’s experience relating to transportation activities including, where applicable, particulars of the tour operator’s membership in travel organizations, and the licensing or registration of the tour operator under any law of a province requiring travel agents to be licensed or registered, and

    • (iv) evidence of the financial responsibility of the tour operator, including

      • (A) in respect of the tour operator’s latest financial year, financial statements duly approved by the board of directors or other executive body, together with the auditor’s report,

      • (B) if the date of the receipt by the Agency, pursuant to subparagraph (b)(i), of the copy of the executed charter contract is more than six months after the end of the tour operator’s financial year, a copy of the current financial statements signed by a person duly authorized by the tour operator,

      • (C) a letter from the tour operator’s bank indicating the extent of the tour operator’s line of credit, and

      • (D) a description of the arrangements made by the tour operator to ensure the protection of moneys paid to the tour operator in respect of inclusive tours during the period in which those moneys remain in the tour operator’s possession; and

  • (e) establish

    • (i) the adequacy of the arrangements referred to in clause (d)(iv)(D),

    • (ii) the financial ability of the tour operator to perform the contract, and

    • (iii) that the tour operator has a principal place of business in Canada or, if the tour operator is a corporation, that it is registered under the laws of Canada or any province.

• (2.2) An air carrier that holds a valid program permit for an ITC may

  • (a) modify the ITC program approved by that permit, by advising the Agency of changes, by letter or electronic message, at least five days prior to the proposed effective date of that modification, with respect to

    • (i) the type of aircraft used,

    • (ii) the seating capacity, or

    • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor, and

  • (b) apply in writing to the Agency to amend the program permit in respect of changes other than those described in paragraph (a) by filing the application, including a copy of the modified ITC contract, in accordance with paragraph (2.1)(b).

• (2.3) Subject to subsection (2.4), the Agency shall issue a program permit in respect of an ITC, or shall amend the program permit, as the case may be, where the applicant meets the requirements of subsection (2.1) or paragraph (2.2)(a) or (b), as the case may be.

• (2.4) The Agency shall not issue a program permit in respect of an ITC or amend the program permit if the application therefor is in respect of a series of tours, and a tour in the series is not to be completed within a period of one year after the commencement of the first tour of the series.

• (3) Every contract respecting an ITC originating in Canada is subject to the following conditions:

  • (a) the tour operator agrees to pay to the air carrier, at least seven days before the commencement of the tour flight, the full contract price for air transportation in accordance with the tariff of the air carrier that is on file with the Agency and in

  • (b) subject to paragraph (c), the tour operator agrees to sell any inclusive tour in respect of participants therein who are two years of age or older on the day the tour commences at not less than the inclusive tour price, which price shall not be less than the sum of the following:

    • (i) a price per seat obtained by multiplying the great-circle distance computed for the charter air transportation of each ITC participant by the ITC tariff rate per seat mile of the air carrier applicable at the time of travel and in effect on the date the charter contract is signed, and

    • (ii) an amount equal to the product of $16 and the number of nights during which accommodation is made available pursuant to subparagraph (d)(ii), except that no such amount

      • (A) shall be less than $60, or

      • (B) for tours of more than 10 nights, need be more than $160;

  • (c) the tour operator agrees to sell any inclusive tour in respect of participants therein who are two years of age or older but less than 12 years of age on the day of commencement of the tour, and are to share accommodation with a participant in the same ITC paying an inclusive tour price established in accordance with paragraph (b), at not less than the inclusive tour price, which price shall not be less than the sum of the following:

    • (i) a price per seat obtained by multiplying the great-circle distance computed for the charter air transportation of each ITC participant by the ITC tariff rate per seat mile of the air carrier applicable at the time of travel and in effect on the date the charter contract is signed, and

    • (ii) an amount equal to the product of $8 and the number of nights during which accommodation is made available pursuant to subparagraph (d)(ii), except that no such amount

      • (A) shall be less than $30, or

      • (B) for tours of more than 10 nights, need be more than $80;

  • (d) the tour operator agrees to provide to all tour participants, against payment of the applicable inclusive tour price,

    • (i) transportation,

    • (ii) except at the point of origin, accommodation forthwith on arrival and on a continuing basis until check-out prior to departure at all points in the tour itinerary where a night is spent, including points where

      • (A) the planned time of arrival of the inclusive tour at the airport or land terminal is prior to 06:00 hours local time, or

      • (B) the planned time of departure of the inclusive tour is later than 03:00 hours local time, and

    • (iii) tour features pursuant to the provisions of paragraph (e);

  • (e) the tour operator agrees that all tour features included in the inclusive tour price will be

    • (i) where the ITC is to be operated with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg), clearly identified in the application referred to in paragraph (2.1)(b), and

    • (ii) made available to all tour participants paying the inclusive tour price, who shall not receive any refund in respect of unused tour features;

  • (f) the tour operator agrees to require and ensure that

    • (i) all tour participants observe paragraphs 43.1(c) and (d), and

    • (ii) each participant purchase a complete ITC program established pursuant to paragraph (d) and described in the brochure referred to in paragraph (l) at a price that is not less than the minimum inclusive tour price approved by the Agency for that ITC;

  • (g) the tour operator agrees to ensure that, for tours between Canada and a point or points in Bermuda, the Caribbean, the Bahamas, Mexico, Central America or the northern coastal regions of South America including Colombia, Venezuela, Guyana, Surinam, French Guiana and the islands adjacent thereto, the return air transportation of a tour participant from the last stop on the tour itinerary shall not be commenced prior to the 72nd hour after the scheduled hour and day of that participant’s departure from the point of origin of the tour;

  • (h) the tour operator agrees to ensure that, for tours between Canada and a point or points other than those described in paragraph (g), the return air transportation of a tour participant from the last stop on the tour itinerary shall not be commenced prior to the sixth day after the scheduled date of that participant’s departure from the point of origin of the tour;

  • (i) the tour operator agrees that no tour participant will be accorded any rebates or other benefits that would have the effect of altering any applicable inclusive tour price set out in the brochure referred to in paragraph (l) describing the tour purchased by that participant;

  • (j) in the case of a tour to be performed by a non-Canadian carrier, the tour operator agrees to ensure that the first stop on the itinerary is in the territory of the carrier’s country and is of such a duration that ongoing transportation or return transportation from that territory shall not be commenced prior to the fourth day after the scheduled day of departure from the point of origin of the tour, except that the duration of such a first stop need not be longer than 72 hours from the scheduled hour and day of departure of the ITC where that country is within the area specified in paragraph (g);

  • (k) where the ITC is to be operated with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg), the tour operator agrees that any public solicitation carried out and all tickets issued by the tour operator or that operator’s agents in respect of the ITC before the Agency has issued a program permit therefor shall include notice that the ITC is subject to the approval of the Agency;

  • (l) the tour operator agrees to make available to each agent engaged in the sale of the ITC passenger seats and to any member of the public, on request, a tour brochure describing accurately

    • (i) all inclusive tour prices offered in the program and the conditions under which those prices apply,

    • (ii) the transportation to be provided, including the name of the air carrier and the names of each point of origin and each point of destination,

    • (iii) the accommodation, including the names of commercial organizations providing sleeping facilities, and

    • (iv) where applicable, tour features, clearly indicating

      • (A) tour features included in the tour program and the inclusive tour price, and

      • (B) tour features available for purchase from the tour operator by tour participants on an individual basis at a specified charge additional to the inclusive tour price; and

  • (m) the tour operator agrees to provide the air carrier with the information required by the Agency concerning the tour operator.

• (4) Every ITC contract shall include a clause requiring the observance of the conditions specified in subsection (3).

43.1 The operation of an ITC is subject to the following conditions:

• (a) where the passenger seating capacity of an aircraft to be operated in the ITC is less than 40 seats, the air carrier shall charter the entire passenger seating capacity of the aircraft to one tour operator;

• (b) where the passenger seating capacity of an aircraft to be operated in the ITC is 40 seats or greater, the air carrier shall charter the entire seating capacity of the aircraft, of which not less than 20 seats shall be chartered to each tour operator;

• (c) subject to paragraphs 43(3)(g) and (h), where more than one inclusive tour is operated as part of a series of flights under one contract referred to in subparagraph 43(2.1)(b)(i) or under any other contract with an air carrier, a tour participant transported on an ongoing portion of an inclusive tour under the contract may be returned on any return portion of an inclusive tour operated as part of the same series under the contract;

• (d) every contract in respect of the ITC shall include conditions requiring that

  • (i) where tour participants are to be returned to Canada by air, each intended participant in the ITC make a firm reservation for the return ITC transportation of that participant when making a reservation for the outbound portion of the ITC, and

  • (ii) no change in a reservation for an air portion of an ITC be made after departure of the ITC from its point of origin;

• (e) no ITC on which a single aircraft is used may serve more than three points of origin and three points of destination, except that any number of points of destination may be served where all participants in the ITC visit each destination in turn;

• (f) the air carrier shall not pay directly or indirectly any commission to, or confer any benefit on, a tour operator or any other person;

• (g) the charter price charged to the charterer shall be in accordance with the air carrier’s applicable tariff on file with the Agency and in effect on the date the charter contract is signed;

• (h) the total amount paid for air transportation by the tour operator shall not be other than the charter price calculated in accordance with the tariff referred to in paragraph (g);

• (i) the air carrier shall, on request, furnish the Agency with such other information relating to the inclusive tour as may be required;

• (j) the air carrier shall not act directly or indirectly as a tour operator and shall not advertise or participate in any way in the promotion of any inclusive tour;

• (k) prior arrangements for suitable aircraft arrival and departure times shall be made by the air carrier with the appropriate authorities of the airport to be used; and

• (l) where a program permit has been issued in respect of the ITC, the permit shall be carried on board the aircraft for presentation on request.

44 An air carrier that proposes to operate an ITC with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets the applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an ITC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

• 45 (1) Except as otherwise provided in this section, Division II of Part V applies to ITC transportation.

• (2) No air carrier shall operate an ITC unless

  • (a) the air carrier has filed with the Agency an ITC tariff; and

  • (b) the tariff referred to in paragraph (a) is in effect on the date of signature of the ITC contract and is applicable at the dates and times of performance of any air portion of the tour under that contract.

• (3) No air carrier shall, in respect of any ITC, charge any toll other than the tolls that are applicable to that ITC pursuant to the air carrier’s ITC tariff on file with the Agency and in effect.

• (4) Unless an ITC tariff filed with the Agency has been rejected, or suspended or disallowed by the Agency, or withdrawn by the air carrier, prior to its effective date, an ITC tariff becomes effective not less than

  • (a) 45 days after the date of filing that tariff, if filed by a Canadian air carrier; and

  • (b) 30 days after the date of filing that tariff, if filed by a non-Canadian air carrier.

• (5) Notwithstanding subsection (4), no ITC tariff filed with the Agency by a non-Canadian air carrier shall become effective unless that air carrier identifies such toll in a Canadian air carrier’s ITC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

• (6) An ITC tariff filed with the Agency shall remain in effect for at least six months but not longer than 12 months after the effective date thereof.

• (7) Tolls shall be published for the entire passenger seating capacity of every aircraft on an ITC at a rate per seat per mile, expressed in cents to the third decimal, indicating the type and seating configuration of the aircraft, the days or other period of time and the geographic area or route in respect of which the tolls apply.

• (8) Notwithstanding any other provision of these Regulations, any toll contained in the ITC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest ITC toll of any Canadian air carrier on file with the Agency and in effect that, pursuant to the terms and conditions of the Canadian air carrier’s ITC tariff, could apply to such ITC transportation as is covered by the non-Canadian air carrier’s toll.

• (9) Where, pursuant to subsection (8), the ITC toll in the tariff of a non-Canadian air carrier is disallowed,

  • (a) that non-Canadian air carrier may, notwithstanding paragraph (4)(b) and subsection (6), on notification by the Agency of the disallowance of that toll, substitute therefor a new toll, which shall not be less than the Canadian air carrier’s toll described in subsection (8) and shall become effective not less than one day after the date on which it is filed with the Agency; or

  • (b) where the non-Canadian carrier does not act pursuant to paragraph (a) within one day, the Agency may establish and substitute for the disallowed toll a new toll which shall take effect in the tariff forthwith notwithstanding paragraph (4)(b) and subsection (6).

• 46 (1) An air carrier may utilize any space on an aircraft used for an ITC for the purposes of the transportation of the carrier’s own goods and personnel and another air carrier’s personnel or for any of those purposes with, if that space is chartered, the prior written concurrence of the tour operator.

• (2) [Repealed, SOR/96-335, s. 32]

DIVISION VIAdvance Booking Charters

47 In this Division,

charterer

charterer means a person who has entered into an ABC contract in accordance with this Division; (affréteur)

contract

contract means an ABC contract entered into in accordance with this Division between a charterer and not more than two air carriers; (contrat)

foreign-origin charterer

foreign-origin charterer means a person who has entered into an arrangement with an air carrier to provide charter air transportation originating in a foreign country. (affréteur à l’étranger)

47.1 No air carrier shall operate an ABC unless the air carrier

• (a) holds a non-scheduled international licence valid for the proposed charter; and

• (b) has a program permit that has been issued, or a small carrier charter permit that is deemed to have been issued, by the Agency in respect of the ABC.

47.2 [Repealed, SOR/96-335, s. 33]

• 48 (1) An air carrier that proposes to operate an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the ABC.

• (2) The application for the program permit shall be filed with the Agency by the air carrier that is to perform the outbound portion of the ABC.

• 48.1 (1) Subject to subsection (2), the Agency shall issue a program permit to an air carrier to operate an ABC if the air carrier meets all applicable requirements of the Act and these Regulations.

• (2) In the case of a series of ABC flights, the Agency shall not issue a program permit in respect of any ABC that will not be completed within one year after the commencement of the first flight.

48.2 An air carrier that proposes to operate an ABC with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets all applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

Contracting for Aircraft Capacity

• 49 (1) No air carrier shall operate an ABC unless

  • (a) the entire passenger seating capacity of the aircraft is chartered by one or more charterers or a combination of charterers and foreign-origin charterers for resale to the public;

  • (b) where the passenger seating capacity of the aircraft is at least 20 passenger seats, each charterer and each foreign-origin charterer contracting for passenger seats contracts for at least 20 passenger seats for resale to the public; and

  • (c) where the passenger seating capacity of the aircraft is less than 20 passenger seats, one charterer charters the entire passenger seating capacity of the aircraft for resale to the public.

• (2) Subject to subsection (1) and section 60, the arrangement between an air carrier and a foreign-origin charterer to provide round-trip charter air transportation of the advance booking type to foreign-origin passengers on an ABC and the terms and conditions applicable to the carriage of those foreign-origin passengers shall be governed by the provisions of Division VII.

Operation of an ABC by Two Carriers

• 50 (1) Subject to subsection (2), an ABC may be operated by two air carriers if

  • (a) the arrangements for the outgoing and return portions of the ABC are provided for by the contract;

  • (b) the contract is signed by the two air carriers; and

  • (c) the charter price is in accordance with the ABC tariffs of the air carriers on file with the Agency and in effect on the date the contract is signed.

• (2) Where an ABC is operated by two carriers, the air carrier performing the outgoing portion of the ABC shall, prior to the flight, obtain authorization from the aeronautical authorities of the country of destination for the operation of the ABC by two carriers.

Reservations

• 51 (1) Subject to subsection (2) and the conditions referred to in section 59,

  • (a) where more than one ABC is operated under one contract, a passenger transported on an outgoing portion of an ABC under that contract may be returned to the passenger’s point of origin on any return portion of an ABC operated under that contract; and

  • (b) where a charterer has more than one contract with an air carrier, a passenger transported on an outgoing portion of an ABC under one contract may be returned to the passenger’s point of origin on any return portion of another ABC operated pursuant to any other contract between the same charterer and the same air carrier.

• (2) No air carrier shall transport or offer to transport any passenger on an ABC where the difference between the great-circle distances measured along

  • (a) the outgoing portion of the passenger’s ABC transportation, and

  • (b) the return portion of the passenger’s ABC transportation

  exceeds one half of the longer of those portions.

• (3) Subject to the conditions established by subsections (4) and (5), every contract shall be made subject to the condition that each intended passenger on an ABC shall make a reservation for the passenger’s return ABC transportation in accordance with subsection (1).

• (4) Every contract shall be made subject to the condition that an intended passenger on an ABC may elect not to make a reservation for the passenger’s return ABC transportation if

  • (a) the price per seat applicable to that ABC is paid at or before the time of issue of the passenger’s ticket and the ticket shows an open return; and

  • (b) the passenger complies with the condition established by subsection 59(1) or (2), whichever is applicable, regarding the minimum stay of ABC passengers, when a reservation for the return ABC transportation of that passenger is accepted.

• (5) Every contract shall be made subject to the condition that a passenger on an ABC may elect to have the passenger’s reservation changed, subject to the availability of space, after the deadline regarding prebooking established by subsection 56(1), (2) or (3), whichever is applicable, if

  • (a) the passenger is booked on another ABC operated by the same air carrier that operated the ABC for which, according to the passenger’s ticket, the reservation was initially held;

  • (b) the passenger’s outbound transportation

    • (i) commences later than the scheduled time of departure of the ABC for which, according to the passenger’s ticket, the reservation was initially held, or

    • (ii) is on a seat that was, at the time the reservation was changed, open for sale pursuant to subsection 56(3); and

  • (c) the passenger complies with the condition established by subsection 59(1) or (2), whichever is applicable, regarding the minimum stay of ABC passengers.

• (6) An air carrier shall maintain at the principal place of business in Canada of the carrier, or at the place of business in Canada of the carrier’s agent, all flight coupons surrendered by ABC passengers in respect of each outbound and each return ABC operated by the carrier and shall, on request, forthwith file those flight coupons, or legible photocopies thereof, with the Agency or furnish them to the Agency’s authorized representative for filing with the Agency.

• (7) Each flight coupon referred to in subsection (6) shall be retained by the air carrier for a period of 90 days from the date it was surrendered by the passenger and shall contain the information required under subsection (8).

• (8) Every contract shall be made subject to the condition that, on payment of the price per seat, each passenger is issued a valid non-transferable ticket that shows clearly

  • (a) the name of the passenger;

  • (b) the name of the charterer;

  • (c) the name or letter code of the air carrier performing the ABC;

  • (d) the points of emplanement and deplanement of the passenger for both the outbound and return portions of the ABC;

  • (e) the flight numbers of the outbound and return portions of the ABC for which the passenger’s reservation is confirmed or has been requested;

  • (f) the dates of departure and return of the passenger or a notation that no reservation was made for a portion of the ABC;

  • (g) the date on which the passenger’s reservation for ABC transportation was confirmed;

  • (h) the price per seat paid for the passenger’s ABC transportation; and

  • (i) where the passenger’s reservation for an ABC is changed, the revised travel dates, points of emplanement and deplanement and flight numbers.

Air Carriers Performing Outgoing Portion of an ABC

52 Every air carrier that proposes to operate an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) and that is to perform the outbound portion of the ABC shall, on executing the contract for that ABC, but not later than 15 days and not earlier than one year before the date of the proposed ABC or, in the case of a proposed series of ABCs, the date of the first flight,

• (a) notify the Agency in writing of the proposed operation;

• (b) provide the Agency with a copy of the executed contract for that ABC, including a condition requiring observance, by the air carrier and the charterer, of the requirements of this Division;

• (c) where applicable, provide the Agency with documentary evidence that the air carrier has complied with subsection 50(2);

• (d) provide the Agency with a statement by each charterer showing

  • (i) the name, address, nationality and nature of business of the charterer,

  • (ii) where the charterer is a company, the name, address and nationality of each director of the company,

  • (iii) a summary of the charterer’s experience relating to transportation activities including, where applicable, particulars of the charterer’s membership in travel organizations and the licensing or registration of the charterer under any law of a province requiring travel agents to be licensed or registered, and

  • (iv) evidence of the financial responsibility of the charterer, including

    • (A) in respect of the charterer’s latest financial year, financial statements duly approved by the charterer’s board of directors or other executive body, together with the auditor’s report,

    • (B) if the date of the receipt by the Agency, pursuant to paragraph (b), of the executed copy of the charter contract is more than six months after the end of the charterer’s financial year, a copy of the current financial statements signed by a person duly authorized by the charterer,

    • (C) a letter from the charterer’s bank indicating the extent of the charterer’s line of credit, and

    • (D) a description of the arrangements made by the charterer to ensure the protection of moneys paid to the charterer in respect of ABCs during the period in which those moneys remain in the charterer’s possession; and

• (e) establish

  • (i) the adequacy of the arrangements referred to in clause (d)(iv)(D),

  • (ii) the financial ability of the charterer to perform the contract, and

  • (iii) that the charterer has a principal place of business in Canada or, if the charterer is a corporation, that it is registered under the laws of Canada or any province.

53 Every air carrier that operates an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) and that performs the outbound portion of the ABC shall, within six months after the end of each financial year of the charterer, provide the Agency with the audited financial statements described in clause 52(d)(iv)(A) in respect of that charterer.

• 54 (1) An air carrier that has been issued a program permit for an ABC pursuant to section 48.1 may

  • (a) modify the ABC program approved by that permit, by advising the Agency of changes, by letter or electronic message, with respect to

    • (i) the type of aircraft used,

    • (ii) the seating capacity, or

    • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

  • (b) apply to the Agency in writing, submitting a modified ABC contract, to amend the permit by way of changes not described in paragraph (a).

• (2) An air carrier modifying an ABC program in accordance with paragraph (1)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

• (3) No application by an air carrier to amend an approved ABC in a manner not described in paragraph (l)(a) shall be accepted by the Agency unless the application is submitted to the Agency in the manner set out in section 52.

Public Solicitations

55 A contract for an ABC is subject to the following conditions:

• (a) every public solicitation carried out and every ticket issued by the charterer or agents of the charterer in respect of the ABC for which a program permit is required, before the Agency has issued the permit shall include a notice that the ABC or series of ABCs, as the case may be, are subject to the approval of the Agency; and

• (b) every public solicitation in respect of an ABC shall include

  • (i) the price per seat applicable to the ABC transportation,

  • (ii) the name of the air carrier or the names of the air carriers,

  • (iii) the name of the charterer, and

  • (iv) a notice that the transportation offered is in accordance with these Regulations.

Advance Booking Requirements

• 56 (1) On an ABC between Canada and any point in Bermuda, the Caribbean, the Bahamas, Mexico, Central America or the northern coastal regions of South America including Colombia, Venezuela, Guyana, Surinam, French Guiana and the islands adjacent thereto, each passenger reservation must be confirmed with the charterer not later than 14 days prior to the date of departure of the outbound portion of that ABC.

• (2) On an ABC between Canada and any point other than those referred to in subsection (1), each passenger reservation must be confirmed with the charterer not later than 21 days prior to the date of departure of the outbound portion of that ABC.

• (3) Notwithstanding subsections (1) and (2), the following number of seats may be contracted for sale to the public not later than seven days prior to the date of departure of the outbound portion of an ABC:

  • (a) 20 seats, where an aircraft has an MCTOW greater than 75,000 pounds (34,029 kg) but not greater than 150,000 pounds (68,058 kg);

  • (b) 30 seats, where an aircraft has an MCTOW greater than 150,000 pounds (68,058 kg) but not greater than 350,000 pounds (158,802 kg); or

  • (c) 40 seats, where an aircraft has an MCTOW greater than 350,000 pounds (158,802 kg).

• (4) [Repealed, SOR/98-197, s. 2]

• 57 (1) Every contract shall be made subject to the following conditions:

  • (a) subject to paragraphs (b) and (c), the price per seat for the ABC transportation shall be set by the charterer at not less than the sum of

    • (i) the per seat pro rata aircraft charter cost of the block of seats contracted for by the charterer on that ABC, and

    • (ii) a mark-up which shall, in the aggregate, cover the charterer’s costs incurred in the sale of ABC passenger seats under the contract, including the cost of unsold seats during the subsistence of the contract;

  • (b) subject to paragraph (c), the price per seat for the ABC transportation of passengers who are less than 12 years of age on the day when the ABC transportation commences shall be not less than the per seat charter cost referred to in subparagraph (a)(i), unless a holder of a scheduled international licence or non-scheduled international licence publishes a children’s fare for transportation between the points for which the ABC transportation is offered or between points near those points that is lower than the lowest price per seat allowed by this paragraph, in which case the charterer may sell ABC seats to passengers qualifying therefor at a price per seat matching that children’s fare; and

  • (c) a person less than two years of age on the day when the ABC transportation commences may be transported free of charge if that person does not occupy a separate seat on board the aircraft used in that ABC.

• (2) Where an ABC is proposed to be operated, pursuant to paragraph 64(2)(b), between more points than are permitted by subsection 64(1), the per seat charter cost referred to in subparagraph (1)(a)(i) shall be obtained by multiplying the great-circle distance computed for the charter air transportation of each passenger by the air carrier’s ABC tariff rate per seat-mile applicable at the time of travel and in effect on the date the contract is signed.

• (3) Every air carrier that has been issued a program permit pursuant to section 48.1 for an ABC shall require full payment from each charterer at least seven days before the departure of the outbound portion of the ABC and, on request by the Agency, shall file with the Agency documentary proof of that payment and the date when the payment was received by the air carrier.

Passenger Manifest

58 Every air carrier operating an ABC shall file with the Agency, or furnish to its authorized representative for filing therewith, a passenger manifest in respect of the outgoing and return portions of the ABC forthwith on request therefor.

Minimum Stay for ABC Passengers

• 59 (1) Every contract for an ABC between Canada and any point in Bermuda, the Caribbean, the Bahamas, Mexico, Central America or the northern coastal regions of South America including Colombia, Venezuela, Guyana, Surinam, French Guiana and the islands adjacent thereto shall be made subject to the condition that return ABC transportation of the passengers shall not be commenced before the first Sunday following the day of departure from the point of origin.

• (2) Every contract for ABC transportation between Canada and any points, other than those referred to in subsection (1), shall be made subject to the condition that return ABC transportation of the passengers shall not be commenced prior to the sixth day after the date of departure from the point of origin.

Participation in an ABC

60 Subject to section 63, every air carrier shall ensure that only the following persons are transported on an ABC:

• (a) passengers who have been issued a valid, non-transferable ticket in accordance with section 51;

• (b) foreign-origin passengers who have been issued valid, non-transferable tickets for charter transportation that are in accordance with the rules and regulations of the foreign country where the passengers’ charter transportation originated;

• (c) persons permitted to be transported free of charge pursuant to paragraph 57(1)(c); and

• (d) foreign-origin passengers permitted to be transported free of charge pursuant to the rules and regulations of the foreign country where the passengers’ charter transportation originated.

61 Any air carrier performing an ABC from an airport in Canada shall permit the Agency or its authorized representative to examine at the airport the flight coupons surrendered by ABC passengers.

Tariffs and Tolls

• 62 (1) Except as otherwise provided in this section, Division II of Part V applies to an ABC.

• (2) No air carrier shall operate an ABC unless the air carrier has filed with the Agency an ABC tariff that is in effect on the date of signature of the contract for the ABC and is applicable for the dates and times of performance of the outbound and inbound portions of the ABC under the contract.

• (3) No air carrier shall, in respect of an ABC, charge any toll other than the tolls that are applicable to that ABC pursuant to the air carrier’s ABC tariff on file with the Agency and in effect.

• (4) Unless an ABC tariff filed with the Agency has been rejected, or suspended or disallowed by the Agency, or withdrawn by the air carrier, prior to its effective date, an ABC tariff becomes effective not less than

  • (a) 45 days after the date of filing that tariff, if filed by a Canadian air carrier; and

  • (b) 30 days after the date of filing that tariff, if filed by a non-Canadian air carrier.

• (5) Notwithstanding subsection (4), no ABC tariff filed with the Agency by a non-Canadian air carrier shall become effective unless that air carrier identifies such toll in a Canadian air carrier’s ABC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

• (6) An ABC tariff filed with the Agency shall remain in effect for at least six months but not longer than 12 months after the effective date thereof.

• (7) Tolls shall be published for the entire passenger seating capacity of every aircraft on an ABC at a rate per seat per mile, expressed in cents to the third decimal, indicating the type and seating configuration of the aircraft, the days or other period of time and the geographic area or route in respect of which the tolls apply.

• (8) Notwithstanding any other provision of these Regulations, any toll contained in the ABC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest ABC toll in the ABC tariff of any Canadian air carrier on file with the Agency and in effect that, pursuant to the terms and conditions of the Canadian air carrier’s ABC tariff, could apply to such ABC transportation as is covered by the non-Canadian air carrier’s toll.

• (9) Where, pursuant to subsection (8), the ABC toll in the tariff of a non-Canadian air carrier is disallowed,

  • (a) that non-Canadian air carrier may, notwithstanding the provisions of paragraph (4)(b) and subsection (6), on notification by the Agency of the disallowance of that toll, substitute therefor a new toll, which shall not be less than the Canadian air carrier’s toll described in subsection (8) and shall become effective not less than one day after the date on which it is filed with the Agency; or

  • (b) where the non-Canadian carrier does not act pursuant to paragraph (a) within one day, the Agency may establish and substitute for the disallowed toll a new toll which shall take effect in the tariff forthwith notwithstanding paragraph (4)(b) and subsection (6).

• 63 (1) An air carrier may utilize any space on an aircraft used for an ABC for the purposes of the transportation of the carrier’s own goods and personnel and another air carrier’s personnel or for any of those purposes with, if that space is chartered, the prior written concurrence of the charterer.

• (2) [Repealed, SOR/96-335, s. 44]

Operational Restriction

• 64 (1) No air carrier shall operate an ABC between more than one point in Canada and more than one point outside Canada for the purpose of embarking and disembarking ABC passengers.

• (2) Notwithstanding subsection (1), an air carrier may

  • (a) operate the outbound portion of an ABC to a point in a foreign country and the inbound portion from a different point in the country of destination or from a point in another country to the point of origin in Canada, for the purpose of embarking and disembarking ABC passengers, if no ABC traffic is transported between the points situated outside Canada; or

  • (b) operate an ABC between not more than two points in Canada and not more than two points outside Canada, for the purpose of embarking and disembarking ABC passengers, where arrangements are in existence between the Agency and the foreign aeronautical authorities having jurisdiction over ABC operations at the points outside Canada.

Financial Guarantees

• 65 (1) The Agency shall not consider an application for a program permit to operate an ABC unless the applicant has a financial guarantee with a Canadian financial institution, in a standard form provided by the Agency, that provides that any advance payment in respect of the ABC is fully protected from the time it is received by the applicant from the charterer.

• (2) An air carrier shall, at least 30 days before the cancellation or termination of a financial guarantee referred to in subsection (1), file a copy of a new or renewed, as the case may be, financial guarantee with the Agency.

• (3) A financial guarantee referred to in subsection (1) shall specify

  • (a) that any amount to which a charterer is entitled under the contract for unperformed ABC transportation be fully and promptly refunded by the Canadian financial institution that issued the guarantee;

  • (b) that any amount refunded in accordance with paragraph (a) be deposited in a trust account in the name and for the benefit of the charterer;

  • (c) that any money withdrawn from the trust account be used only for the payment of replacement air transportation or refunds to the proposed users of the ABC, either directly or through the appropriate travel agent or provincial authority;

  • (d) that the financial institution that issued the financial guarantee will not amend or cancel the financial guarantee without first giving 45 days notice to the Agency; and

  • (e) the name of the province under the laws of which the financial guarantee is to be interpreted.

• (4) An application for a program permit made pursuant to subsection 48(1) to operate an ABC shall include

  • (a) a statement by each charterer, signed and witnessed, certifying that the charterer is in possession of

    • (i) in the case of a letter of credit, the original of the letter of credit applicable in respect of the ABC, or

    • (ii) in the case of any other type of financial guarantee, a copy of the financial guarantee applicable in respect of the ABC; and

  • (b) a copy of the financial guarantee applicable in respect of the ABC.

66 [Repealed, SOR/92-709, s. 16]

Payment of Benefits and Advertisements of an ABC Prohibited

67 No air carrier shall

• (a) pay or offer to pay any commission or gratuity or give or offer to give any other benefit to any person in respect of any ABC; or

• (b) advertise or cause to be advertised any ABC.

Stranded Passengers

• 68 (1) Notwithstanding anything in these Regulations, where a passenger has missed a return flight on an ABC for reasons beyond the passenger’s control, an air carrier that participated in that ABC may transport the passenger on a subsequent ABC, if the air carrier has

  • (a) obtained the written consent of the charterer participating in the return portion of the ABC;

  • (b) obtained any necessary approval from the authorities of the foreign state concerned; and

  • (c) given prior notification to the Agency of the circumstances of the case.

• (2) On the request of the Agency, the air carrier shall file therewith documentary evidence of the reasons why the passenger missed the return flight.

General Provisions

69 [Repealed, SOR/96-335, s. 46]

70 In case of any conflict between this Division and any other provisions of these Regulations, this Division prevails.

Cancellations

• 71 (1) Subject to subsection (2), an air carrier that cancels an ABC in respect of which the Agency has issued a program permit shall forthwith file with the Agency a notice of cancellation, showing the program permit number assigned to the cancelled ABC.

• (2) No separate notification of cancellation is required where an ABC is proposed to be cancelled in conjunction with a consolidation, as defined in subsection 72(1), applied for by an air carrier.

Consolidation of ABCs

• 72 (1) In this section,

  consolidated ABC

  consolidated ABC means an ABC that results from the consolidation of two or more ABCs; (VARA regroupé)

  consolidation

  consolidation means the transfer of the reservations of passengers booked on an ABC that is cancelled to another ABC that is to serve the same point of destination as the cancelled ABC and in respect of which the Agency has issued a program permit pursuant to section 48.1 or is deemed to have issued a small carrier charter permit pursuant to section 48.2; (regroupement)

• (2) No air carrier shall consolidate ABCs unless the air carrier first obtains the written consent of each charterer that will be affected by the proposed consolidation.

• (2.1) An air carrier that operates an ABC with aircraft having a MCTOW greater than 35,000 pounds (15,900 kg) that proposes to consolidate ABCs shall obtain permission from the Agency before the consolidation takes place, unless the consolidation is completed prior to the earliest of the deadlines established by section 56 for the ABCs to be consolidated and those ABCs are proposed to be operated

  • (a) between one point of origin and one point of destination; or

  • (b) between not more than two points of origin and not more than two points of destination pursuant to paragraph 64(2)(b).

• (3) No application for consolidation shall be accepted by the Agency unless the application is received by the Secretary not later than 15 days prior to the proposed day of departure of the consolidated ABC.

• (4) No application for consolidation of consecutive ABCs shall extend to any ABC the outbound portion of which is proposed to be commenced later than 13 weeks after the date of the first flight to be consolidated.

• (5) No application for consolidation shall be approved by the Agency unless

  • (a) the consolidated ABC is to be flown to one point of destination from not more than two points of origin, except where the arrangements arrived at pursuant to paragraph 64(2)(b) are in effect and are applicable to the proposed consolidation, in which case the consolidated ABC may be flown between not more than two origins and two points of destinations;

  • (b) the charter rate applicable to the consolidated ABC is to be determined in accordance with such ABC tariff of the air carrier operating the consolidated ABC as is on file with the Agency and in effect at the time of signature of the contract relating to the consolidation and is applicable to the dates, times and the routing of the consolidated ABC;

  • (c) the outgoing portions of the ABCs or ABC back-to-back flights proposed to be consolidated are scheduled to be operated on the same day;

  • (d) the return portions of the ABCs or ABC back-to-back flights proposed to be consolidated are scheduled to be operated on the same day; and

  • (e) the applicant provides full particulars of the proposal, including

    • (i) where applicable, the program permit numbers of the ABCs to be consolidated,

    • (ii) the number of passenger seats available and sold for the outgoing portion and the return portion, respectively, of the ABCs identified pursuant to subparagraph (i),

    • (iii) where applicable, a description of the alternative air transportation to be offered to passengers who cannot be accommodated on the consolidated ABC,

    • (iv) each charterer’s written consent, together with a copy of the contract, respecting the proposed consolidation, and

    • (v) an economic justification of the proposed consolidation.

• (6) The Agency shall deny any application for consolidation unless it determines, on the basis of the information contained in the application, that

  • (a) the ABCs or the series of ABCs proposed to be consolidated would not be economically viable as originally approved; and

  • (b) the consolidation would not be contrary to any of the conditions set out in section 22.

  • (c) [Repealed, SOR/96-335, s. 48]

• (7) The air carrier shall ensure that all passengers holding reservations on any of the carrier’s ABCs affected by consolidation are offered an ABC or alternative air transportation acceptable to each of them at a price that is not higher than the price paid by the passenger for ABC transportation before the consolidation.

DIVISION VIICharter Flights Originating in a Foreign Country (Non U.S.)

72.1 This Division applies in respect of charter flights originating in a foreign country other than the United States.

• 73 (1) A charter flight originating in a foreign country that is destined for Canada shall be operated, subject to subsections (2) to (5) and section 22, in accordance with the rules and regulations of that foreign country.

• (2) No air carrier shall operate a charter flight pursuant to subsection (1) unless that air carrier

  • (a) holds a non-scheduled international licence valid for the proposed flight;

  • (b) has received authorization from the aeronautical authorities of the country of origin for the proposed flight;

  • (c) files with the Agency a notice in writing, addressed to the Secretary, not less than

    • (i) 48 hours prior to the planned date and time of arrival in Canada of the flight, in the case of an entity charter proposed to be operated pursuant to the air carrier’s non-scheduled international licence valid for that type of charter, or

    • (ii) 15 days before the planned date of arrival in Canada of the flight, in the case of a charter other than an entity charter proposed to be operated pursuant to the air carrier’s non-scheduled international licence valid for that type of charter;

  • (d) includes in the written notice addressed to the Secretary

    • (i) documentary evidence establishing the authorization referred to in paragraph (b),

    • (ii) the name or charter category of the proposed operation under the rules and regulations of the country of origin,

    • (iii) the name of the charterer,

    • (iv) all points of origin and destination of the charter flight, including the Canadian airports proposed to be used,

    • (v) the planned dates and times of arrival and departure, and

    • (vi) the type of the aircraft proposed to be used, and

      • (A) its seating capacity,

      • (B) the nature and quantity of the goods to be transported, or

      • (C) all the information required by clauses (A) and (B);

  • (e) has arranged for suitable arrival and departure times with the appropriate Canadian airport authorities;

  • (f) on arrival in Canada, submits to the appropriate airport authorities at the airport of entry and, on request, to the Agency or its authorized representative, a passenger list showing the last names and the initials of all passengers transported on the charter; and

  • (g) permits the examination by the Agency or its authorized representative of flight coupons surrendered by passengers at the point of departure of the charter flight.

• (3) No air carrier shall operate a charter flight of the advance booking or affinity type originating in a foreign country

  • (a) for the purpose of disembarking traffic at more than one point in Canada from such portion of the flight as is destined for Canada, and

  • (b) for the purpose of embarking traffic at more than one point in Canada from any other portion of the flight

  unless arrangements between the Agency and the foreign aeronautical authority having jurisdiction over the originating traffic are in existence to permit the disembarkation and embarkation of that traffic at not more than two points in Canada.

• (4) Where the Agency determines that the operation of a charter flight originating in a foreign country is contrary to any of the requirements of subsection (2) or (3), or any of the conditions set out in section 22, the Agency may

  • (a) take measures to preclude the performance of the charter by the air carrier;

  • (b) require the air carrier to comply with any requirements imposed by the Agency, to ensure that the operation meets the requirements and conditions set out in those provisions; or

  • (c) require, by notice in writing, the air carrier to obtain the approval of the Agency prior to the operation of the charter, where the Agency determines that to do so is necessary to ensure compliance with the requirements and conditions set out in those provisions.

• (5) The Agency shall grant the approval referred to in paragraph (4)(c) where the Agency determines that the operation of the charter is not contrary to any of the requirements of subsections (2) and (3) and the conditions set out in section 22.

• 74 (1) [Repealed, SOR/2006-3, s. 1]

• (2) Except as permitted by Division VI, no Canadian air carrier operating an ongoing or the return portion of a foreign-origin charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a foreign-origin charter of the same type.

• (3) Except as permitted by Division VI, no non-Canadian air carrier operating an ongoing or the return portion of a third freedom charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a third freedom charter of the same type.

• (4) No non-Canadian air carrier operating an ongoing or the return portion of a fifth freedom charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a fifth freedom charter of the same type.

• (5) No air carrier operating an ongoing or the return portion of a foreign-origin passenger charter shall take on board at any point in Canada

  • (a) mail; or

  • (b) except in accordance with section 23, goods.

75 A non-Canadian air carrier holding a valid non-scheduled international licence shall, on the Agency’s written direction, forthwith file with the Agency a copy of the rules and regulations governing the authorization and operation of international charter flights originating in that air carrier’s state and shall provide the Agency with amendments to those rules and regulations on the promulgation or publication thereof.

PART IVTransborder Charters

Permits

76 The issuance or deemed issuance of any category of permit referred to in section 77 is subject to the following conditions, namely, that the operation of a TPC, TPNC, TGC or TUSC, as the case may be, shall

• (a) be in accordance with

  • (i) the Act and these Regulations,

  • (ii) any terms and conditions of the licence pursuant to which the transborder 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 carrier.

Categories of Permits

77 The following are the categories of permits pursuant to which a TPC, TPNC, TGC or TUSC, as the case may be, may be operated:

• (a) a program permit issued pursuant to section 92;

• (b) a small carrier charter permit that is deemed to have been issued pursuant to section 94;

• (c) a charter authorization issued pursuant to section 95; and

• (d) an approval granted pursuant to subsection 78(4), 99(5), 101(5) or 103.5(2).

Powers of the Agency

• 78 (1) Notwithstanding any other provision of this Division, where the Agency determines that the operation of a TPC, TPNC, TGC or TUSC as the case may be, is contrary to any of the conditions referred to in section 76, the Agency may

  • (a) deny an application for or cancel a program permit, in whole or in part, referred to in section 92;

  • (b) deny an application for or cancel a charter authorization referred to in section 95;

  • (c) cancel a small carrier charter permit that is deemed to have been issued pursuant to section 94;

  • (d) deny an application for or cancel an approval referred to in subsection (3), section 99 or 101 or paragraph 103.5(1)(c); or

  • (e) require an air carrier to comply with any requirements that the Agency imposes that are necessary to ensure compliance with these Regulations

    • (i) in respect of a program permit issued pursuant to section 92 or from time to time thereafter,

    • (ii) in respect of a small carrier charter permit that is deemed to have been issued pursuant to section 94,

    • (iii) in respect of a charter authorization issued pursuant to section 95 or from time to time thereafter, or

    • (iv) in respect of an approval granted pursuant to subsection (4), 99(5), 101(5) or 103.5(2) or from time to time thereafter.

• (2) Where the Agency determines that it is necessary in order for the operation of a TPC to meet the conditions set out in section 76, the Agency shall require, by notice in writing, an air carrier operating a TPC or series of TPCs pursuant to a charter authorization to obtain a program permit in accordance with sections 91 and 92 prior to the operation of the TPC or any TPC in the series, in which case the charter authorization is automatically cancelled.

• (3) Where the Agency determines that it is necessary in order for the operation of a TPC, TPNC or TGC, as the case may be, to meet the conditions set out in section 76, the Agency shall require, by notice in writing, an air carrier to obtain the approval of the Agency prior to the operation of any TPNC or TGC, or prior to the subcontracting of any TPC, TPNC or TGC, where the provisions of this Division do not otherwise require the air carrier to obtain prior approval.

• (4) The Agency shall grant the approval referred to in subsection (3) where the Agency determines that the operation of the charter is not contrary to any of the conditions set out in section 76.

• (5) When determining whether the operation of a transborder charter may contravene paragraph 76(b), (c) or (d), the Agency shall take into consideration international reciprocity in matters of air transportation.

DIVISION IGeneral

Application

79 This Division applies in respect of TPCs, TPNCs and TGCs.

Prohibition

80 No person shall operate a TPC, TPNC or TGC unless the person holds a non-scheduled international licence that is valid for charters between Canada and the United States.

Carriage of Goods on Passenger Charters

• 81 (1) Where a part of the bellyhold or main deck of an aircraft is not required for use pursuant to a TPC contract or TPNC contract, an air carrier may charter that part of the bellyhold or main deck for the carriage of goods if the goods are carried

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

  • (b) pursuant to another charter contract that is in respect of only that part of the bellyhold or main deck of the aircraft; and

  • (c) between the points served for the purpose of enplaning or deplaning passengers.

• (2) Notwithstanding paragraph 20(a), an air carrier may charter a part of the bellyhold or main deck of an aircraft used for a TPC 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 TPC contract.

Direct Sales to the Public

82 No air carrier shall act as a charterer in respect of a TPC, TPNC or TGC or sell any seat or any part of the space dedicated to passengers or goods on a TPC, TPNC or TGC directly to the public.

Air Carrier’s Own Traffic

83 An air carrier may utilize unused space for the transport of the air carrier’s own goods and personnel and the goods and personnel of another air carrier on a TPC, TPNC or TGC if the air carrier has the prior concurrence of the charterer.

Subcontracting Transborder Charters Originating in Canada

• 84 (1) Notwithstanding section 8.2, an air carrier may subcontract a TPC, TPNC or TGC or series thereof to a Canadian charter carrier licensee who holds a non-scheduled international licence or to a United States charter carrier licensee if

  • (a) the licensee holds a non-scheduled international licence that is valid for the operation of the subcontracted charter or series of charters;

  • (b) the licensee holds a Canadian aviation document that is valid for the operation of the subcontracted charter or series of charters;

  • (c) the licensee imposes no additional charge or other financial obligation on the passengers or the charterer; and

  • (d) the air carrier has passenger and third party liability insurance coverage for the operation of the subcontracted charter or series of charters, at least in the amounts set out in section 7,

    • (i) by means of its own policy, or

    • (ii) subject to subsection (2), by being named as an additional insured under the policy of the licensee.

• (2) Where the air carrier is named as an additional insured under the policy of the licensee referred to in subsection (1), there must be a written agreement between the air carrier and the licensee to the effect that, for all charters or series of charters that are subcontracted, the licensee will hold the air carrier harmless from, and indemnify the air carrier for, all passenger and third party liabilities while passengers or cargo transported under a contract with the air carrier are under the control of the licensee.

• (3) Where an air carrier subcontracts a TPC, TPNC or TGC or series thereof to a Canadian charter carrier licensee or to a United States charter carrier licensee, the air carrier is not required to

  • (a) notwithstanding paragraph 18(a), furnish the services, equipment and facilities that are necessary for the purposes of the operation of the TPC, TPNC or TGC or series thereof; or

  • (b) satisfy the condition set out in paragraph 18(c).

Records

85 An air carrier shall, immediately upon the request of the Agency, permit the Agency to inspect the air carrier’s records respecting the operation of TPCs, TPNCs or TGCs, including records respecting any advance payments received by the air carrier in connection with TPCs.

• 86 (1) An air carrier shall retain the flight coupons surrendered by passengers or equivalent information contained in another format, and shall maintain evidence that the air carrier has complied with the requirements of Divisions I to IV, for a period of one year after the date of departure of a TPC, TPNC or TGC.

• (2) An air carrier shall, on the request of the Agency, submit forthwith any evidence that the Agency requires to verify that the requirements of Divisions I to IV have been complied with.

• (3) Where the Agency determines that an air carrier has not complied with the requirements of Divisions I to IV, the Agency may require the air carrier to take measures to ensure compliance with these Regulations or may cancel any program permit issued or approval granted, or any small carrier charter permit that is deemed to have been issued by the Agency.

DIVISION IITransborder Passenger Charters Originating in Canada

Operation by Two Air Carriers

87 Where a TPC is to be operated by two air carriers, both air carriers shall notify the Agency before the date of the TPC of the arrangements of their joint operation of the TPC.

Co-mingling Provision

• 88 (1) No air carrier shall operate a TPC unless the entire passenger seating capacity of the aircraft is chartered by one or more charterers or a combination of charterers and United States charterers for resale.

• (2) Where there is an arrangement between an air carrier and a United States charterer to combine a charter originating in the United States with a TPC, the terms and conditions applicable to the charter originating in the United States shall be governed by the provisions of Division V.

Flexible Return

89 Where a charterer has more than one TPC contract with an air carrier, a passenger transported on an outbound portion of a TPC under one contract may be returned to the passenger’s point of origin on the same contract or on any other contract between the charterer and the air carrier.

Operational Restrictions

• 90 (1) An air carrier may operate a charter in conjunction with a TPC, for the purpose of enplaning and deplaning passengers in a third country, provided that the operation is in accordance with this Division and Division I and the passengers make a stopover in the United States for at least two consecutive nights.

• (2) Notwithstanding subsection (1), where the period of stopover in the third country exceeds the period of stopover in the United States, the provisions of Division II, IV, V or VI of Part III, as appropriate, shall apply in respect of the charter transportation to the third country.

Program Permits

• 91 (1) An air carrier that proposes to operate a TPC or series of TPCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit to operate the TPC or series of TPCs as soon as the charter contract is signed or amended by the air carrier and the charterer, or as soon as possible thereafter.

• (2) An application under subsection (1) shall be made not less than 15 days and not more than one year before the date of the TPC or, in the case of a series of TPCs, the date of the first of those charters, and shall include

  • (a) a copy of every signed and dated charter contract and all amendments thereto relating to the TPC or series of TPCs;

  • (b) a financial guarantee respecting the TPC or series of TPCs that is provided by a Canadian financial institution in a form provided by the Agency; and

  • (c) a signed and witnessed statement by each charterer, in a form provided by the Agency, that certifies that the charterer is in possession of

    • (i) where the financial guarantee is a letter of credit, the original of the letter of credit and of all the amendments thereto respecting the TPC or series of TPCs, or

    • (ii) in any other case, a copy of the financial guarantee and of all amendments thereto respecting the TPC or series of TPCs.

• (3) Every contract in respect of a TPC shall specify the following:

  • (a) the aircraft type and passenger seating capacity for each charter;

  • (b) the maximum number of seats allocated for passengers originating in Canada on each charter;

  • (c) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter;

  • (d) the dates and times of arrival and departure at every point of each charter;

  • (e) the routing of each charter, including technical stops, if any;

  • (f) the name, address and telephone and facsimile numbers of each charterer and, where the TPC is to be operated with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg), the valid and subsisting licence or registration number with expiry date of every charterer under any law of a province that requires travel agents or wholesalers to be licensed or registered;

  • (g) a detailed calculation of the total charter price to be paid by each charterer to the air carrier;

  • (h) the dates on which the payments of the total charter price referred to in paragraph (g) are to be made, on the page of the charter contract that bears the signatures of both the air carrier and the charterer; and

  • (i) where the TPC is to be operated with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg), on the page of the charter contract that bears the signatures of both the air carrier and the charterer, that no advance payments will be received by the air carrier prior to the charterer having in its possession the original of a letter of credit and of any amendment thereto or, in the case of any other financial guarantee, a copy of the financial guarantee and of any amendment thereto and signed documentation, in a form provided by the Agency, that establishes the advance payments received by the air carrier for each TPC or series of TPCs are protected.

• (4) The dates of payments specified in paragraph (3)(h) shall be at least seven days before the date of each charter and shall be in accordance with the air carrier’s tariff in effect on the date that the charter contract is signed.

• (5) Every financial guarantee referred to in paragraph (2)(b) shall specify

  • (a) that any amount to which a charterer is entitled, under the charter contract, for a TPC that is not performed, be fully and promptly refunded by the Canadian financial institution that provided the financial guarantee;

  • (b) that any amount refunded in accordance with paragraph (a) be deposited in a trust account in the name and for the benefit of the charterer;

  • (c) that any money withdrawn from the trust account be used only for the payment of replacement air transportation or refunds to the proposed users of the TPC, either directly or through the appropriate travel agent or provincial authority;

  • (d) that the financial guarantee may not be terminated or amended, without at least 45 days notice being given to the Agency by one of the parties to the financial guarantee; and

  • (e) the name of the province under the laws of which the financial guarantee is to be governed and construed.

• (6) The financial guarantee referred to in paragraph (2)(b) shall fully protect any advance payment in respect of the TPC or series of TPCs from the time the advance payment is received by the air carrier.

• (7) Notwithstanding paragraph (5)(d), a financial guarantee may be terminated or amended on less than 45 days notice where the approval of the Agency is obtained, which approval shall be given if

  • (a) the air carrier files with the Agency an agreement signed by the parties to the financial guarantee, in a form provided by the Agency, that terminates or amends the financial guarantee on less than 45 days notice; and

  • (b) the termination or amendment does not result in advance payments received by the air carrier no longer being fully protected.

92 The Agency shall issue a program permit to an air carrier to operate a TPC or series of TPCs that use aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) where the air carrier

• (a) has met the requirements set out in section 91; and

• (b) otherwise meets all the applicable requirements of the Act and these Regulations.

• 93 (1) Subject to section 95, no air carrier shall operate a TPC or series of TPCs that use aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) unless the air carrier

  • (a) obtains a program permit;

  • (b) subject to subsection (2), notifies the Agency in writing of any amendment to the charter contract after issuance of the program permit by submitting to the Agency a copy of the amended contract at least three working days before the amendment takes effect and obtains an amended program permit from the Agency;

  • (c) at least 30 days before the cancellation or termination of the financial guarantee, files with the Agency a copy of a new or renewed financial guarantee;

  • (d) files forthwith with the Agency every amendment to the financial guarantee; and

  • (e) notifies the Agency in writing of the cancellation of any charter set out in the charter contract and specifies the number of the program permit issued.

• (2) Paragraph (1)(b) does not apply to an air carrier where

  • (a) the air carrier notifies the Agency of the amendment to the charter contract prior to the departure of the charter and the amendment

    • (i) relates to the aircraft type used and results in a decrease in or in no change to the Canadian originating passenger seating capacity for the charter, or

    • (ii) relates to the date of the charter, if it will be operated not more than three days before or after the date originally approved; or

  • (b) the amendment to the charter contract relates to an increase in the Canadian originating passenger seating capacity for the charter due to a change in the aircraft type used or otherwise and the air carrier submits to the Agency a copy of the amended charter contract at least three working days before the amendment takes effect.

94 An air carrier that proposes to operate a TPC or series of TPCs with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets all applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate a TPC or series of TPCs using aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

Charter Authorizations

• 95 (1) On request, the Agency shall issue a charter authorization to an air carrier, that is valid for a period of up to one year, to operate a TPC or series of TPCs that use aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) without the requirement to obtain a program permit for the TPC or series of TPCs if the air carrier

  • (a) holds a financial guarantee that specifies the information required by subsection 91(5) and that meets the requirements of subsection 91(6) and files a copy thereof with the Agency;

  • (b) files with the Agency a signed and witnessed statement by each charterer, in a form provided by the Agency, that certifies that the charterer is in possession of

    • (i) where the financial guarantee is a letter of credit, the original of the letter of credit and of all amendments thereto respecting the TPC or series of TPCs, or

    • (ii) in any other case, a copy of both the financial guarantee and all amendments thereto respecting the TPC or series of TPCs; and

  • (c) files with the Agency proof that verifiable monitoring, compliance and disclosure systems situated in Canada have been instituted to enable the air carrier, during the period of validity of the charter authorization, to ensure that

    • (i) the level of protection specified in the financial guarantee is such that all advance payments are fully protected at all times, and

    • (ii) all provisions of the financial guarantee are fully complied with.

• (2) The monitoring, compliance and disclosure systems referred to in paragraph (1)(c) shall not be modified in any way during the period of validity of the charter authorization without the prior written approval of the Agency, which approval shall be given if the criteria specified in paragraph (1)(c) continue to be met.

• (3) During the period of validity of the charter authorization

  • (a) the air carrier shall include in every charter contract, which is in force during that period, the provisions required by subsections 91(3) and (4);

  • (b) the air carrier shall, in respect of a charter contract referred to in paragraph (a), specify on the page of the charter contract that bears the signature of the air carrier and the charterer that a charter authorization has been issued by the Agency and the period of the validity thereof;

  • (c) the air carrier shall provide each charterer with

    • (i) where the financial guarantee is a letter of credit, the original of both the letter of credit and all amendments thereto respecting the TPC or series of TPCs, or

    • (ii) in any other case, a copy of the financial guarantee and of all amendments thereto respecting the TPC or series of TPCs in addition to signed documentation, in a form provided by the Agency, that establishes the advance payments received by the air carrier for each charter or series of charters are protected;

  • (d) the provisions of subsection 91(7) and paragraphs 93(1)(c) and (d) shall apply;

  • (e) the air carrier shall file with the Agency a copy of all financial guarantees, other than the financial guarantees referred to in paragraph (1)(a), subsection 91(7) and paragraphs 93(1)(c) and (d), prior to any advance payments being received from the charterer; and

  • (f) the air carrier shall, upon filing with the Agency a copy of a financial guarantee pursuant to paragraph (e), subsection 91(7) and paragraphs 93(1)(c) and (d), file evidence with the Agency that

    • (i) the charterer has been provided with the financial guarantee in accordance with paragraph (c), and

    • (ii) the level of protection specified in the financial guarantee is such that all advance payments are fully protected at all times.

96 The air carrier shall submit to the Agency or its authorized representative, in writing, within 30 days after the end of each month, a report respecting the TPC or series of TPCs that were operated with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) pursuant to a charter authorization during the previous month, that sets out

• (a) the aircraft type and number of available seats for each charter;

• (b) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter;

• (c) the dates of departure and arrival of each charter; and

• (d) for each charter, the number of Canadian-origin passengers and the number of foreign-origin passengers.

97 The air carrier shall file with the Agency, on request, such additional information as the Agency requires to determine whether the air carrier has fully complied with the provisions of sections 95 and 96.

98 Where the Agency determines that the air carrier has not complied or no longer complies with the provisions of sections 95 and 96, the Agency may

• (a) in addition to cancelling the charter authorization, require that the air carrier obtain a program permit for each TPC or series of TPCs in accordance with section 91; and

• (b) where it determines that any of the conditions set out in section 76 would otherwise be contravened, refuse to issue to the air carrier any other charter authorization requested pursuant to this Division for a period not exceeding 12 months after the date of the cancellation.

DIVISION IIITransborder Passenger Non-Resaleable Charters

General

• 99 (1) Subject to subsections (2) and (3), no air carrier shall operate a TPNC or series of TPNCs unless

  • (a) the cost of transportation of passengers is paid by not more than three charterers without any contribution, direct or indirect, from any other person; and

  • (b) no charge or other financial obligation is imposed on any passenger as a condition of carriage or otherwise in connection with the transportation.

• (2) Where the Agency determines that an air carrier has not complied with the provisions of subsection (1) or section 100, the Agency shall require the air carrier to apply in writing to obtain prior approval from the Agency to operate each proposed TPNC or series of TPNCs for a specific period.

• (3) An air carrier proposing to operate a TPNC or series of TPNCs that do not meet the requirements of paragraph (1)(a) or (b) shall apply in writing to obtain prior approval from the Agency to operate the proposed TPNC or series of TPNCs.

• (4) An application referred to in subsection (2) or (3) shall contain the information required by paragraphs 100(a) to (d).

• (5) The Agency shall approve a TPNC or series of TPNCs referred to in subsection (2) or (3) where the Agency determines that operation of the TPNC or series of TPNCs is not contrary to any of the conditions set out in section 76.

Post Facto Reporting

100 Every air carrier that operates a TPNC or series of TPNCs that use aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall submit to the Agency or its authorized representative in writing, within 30 days after the end of each month, a report respecting the TPNC or series of TPNCs that were operated during the previous month, that sets out

• (a) the aircraft type and number of available seats for each charter;

• (b) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter;

• (c) the dates of departure and arrival of each charter; and

• (d) for each charter, the number of passengers.

DIVISION IVTransborder Goods Charters

Operational Restrictions

• 101 (1) Subject to subsections (2) and (3), no air carrier, other than a United States charter carrier licensee, shall combine points in the territory of the United States on a single flight when operating a TGC or series of TGCs for a courier service using aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

• (2) Where the Agency determines that an air carrier has contravened the provisions of subsection (1) or section 102, the Agency shall require the air carrier to apply in writing to obtain prior approval from the Agency to operate any proposed TGC or series of TGCs for a specific period.

• (3) An air carrier referred to in subsection (1) that proposes to operate a TGC or series of TGCs that combine points in the territory of the United States on a single flight shall apply in writing to obtain prior approval from the Agency to operate the proposed TGC or series of TGCs.

• (4) An application referred to in subsection (2) or (3) shall contain the information required by paragraphs 102(a) to (d).

• (5) The Agency shall approve a TGC or series of TGCs referred to in subsection (2) or (3) where the Agency determines that the operation of the TGC or series of TGCs is not contrary to any of the conditions set out in section 76.

Post Facto Reporting

102 Every air carrier that operates a TGC or series of TGCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall submit to the Agency or its authorized representative in writing, within 30 days after the end of each month, a report respecting the TGC or series of TGCs that were operated during the previous month, that sets out

• (a) for each charter, the aircraft type and payload capacity of the aircraft, which capacity may be expressed in the number of tons or tonnes available for revenue goods;

• (b) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter;

• (c) the dates of departure and arrival of each charter; and

• (d) for each charter,

  • (i) the total weight of courier goods, being goods carried for door-to-door transport, where the charter only transports such goods, or

  • (ii) the total weight of goods transported, where the charter transports goods that are not exclusively courier goods.

DIVISION VCharters Originating in the United States

Application

103 This Division applies in respect of TUSCs or series of TUSCs.

General

103.1 Subject to sections 103.2 to 103.5, any TUSC or series of TUSCs shall be operated in accordance with the rules and regulations of the United States.

Operational Restrictions

• 103.2 (1) No air carrier shall operate a TUSC or a series of TUSCs unless the air carrier

  • (a) holds a non-scheduled international licence that is valid for the proposed charter; and

  • (b) has received permission from the aeronautical authorities of the United States for the charter.

• (2) No air carrier, other than a Canadian charter carrier licensee, shall combine points in the territory of Canada on a single flight when operating a TUSC or series of TUSCs for a courier service using aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

• (3) No TUSC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall be subcontracted without the prior notification of the subcontract to the Agency, which notification shall contain the information specified in paragraphs 103.3(a) to (e), the name of the licensee who will be operating under the subcontract and the purpose of the subcontract.

Notification

103.3 An air carrier that operates a TUSC or series of TUSCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall notify the Agency in writing not less than 48 hours before the date and time of the arrival in Canada of the charter or, in the case of a series of charters, the date of the first of those charters, by providing the following information:

• (a) the name or the charter category of the charter under the rules and regulations of the United States;

• (b) the name, address and telephone and facsimile numbers of each charterer;

• (c) every airport of enplanement or point of departure and every airport of deplanement or point of destination of the charter, including each airport proposed to be used by the air carrier;

• (d) the dates and times of arrival and departure of each charter; and

• (e) the aircraft type and, where applicable, the passenger seating capacity and the nature, quantity and total weight of goods to be carried for each charterer on each charter.

Passenger Lists and Flight Coupons

103.4 An air carrier that operates a TUSC or series of TUSCs shall

• (a) on the arrival of the flight in Canada, submit to the airport authorities at the airport of entry and, on request of the Agency, to the Agency, a passenger list showing the last names and the initials of all passengers transported on the charter; and

• (b) permit the examination by the Agency or its authorized representative of the flight coupons surrendered by the passengers or equivalent information contained in another format.

Powers of the Agency

• 103.5 (1) Where the Agency determines that the operation of a TUSC or a series of TUSCs is contrary to any of the requirements set out in sections 103.2 to 103.4, or any of the conditions set out in section 76, the Agency may

  • (a) take measures to preclude the performance of the charter by the air carrier;

  • (b) require the air carrier to comply with any requirements imposed by the Agency to ensure that the operation is not contrary to any of the requirements or conditions set out in those sections; or

  • (c) require, by notice in writing, an air carrier to obtain the approval of the Agency prior to the operation of the charter, where the Agency determines that to do so is necessary to ensure compliance with the requirements and conditions set out in those sections.

• (2) The Agency shall grant the approval referred to in paragraph (1)(c) where the operation of the charter is not contrary to any of the requirements and conditions set out in sections 76 and 103.2 to 103.4.

• (3) When determining whether the operation of a charter may contravene paragraph 76(b), (c) or (d), the Agency shall take into consideration international reciprocity in matters of air transportation.

PART VTariffs

Interpretation

104 In this Part,

commodity toll

commodity toll means a rate or charge applicable to goods specifically named in the tariff; (taxe spécifique)

joint tariff

joint tariff means a tariff that applies to traffic carried by two or more air carriers; (tarif pluritransporteur)

joint toll

joint toll means a toll that applies to traffic carried by two or more air carriers and that is published as a single amount; (taxe pluritransporteur)

local tariff

local tariff means a tariff containing the local tolls of the air carrier named therein; (tarif unitransporteur)

local toll

local toll means a toll that applies to traffic between points served by one air carrier; (taxe unitransporteur)

through toll

through toll means the aggregate toll from a point of origin to a point of destination. (taxe totale)

DIVISION IDomestic

Application

105 A tariff referred to in section 67 of the Act shall include the information required by this Division.

Exception

106 The holder of a domestic licence in respect of a domestic service that serves the transportation needs of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees or workers, is excluded, in respect of the service of those needs, from the requirements of section 67 of the Act.

Contents of Tariffs

• 107 (1) Every tariff shall contain

  • (a) the name of the issuing air carrier and the name, title and full address of the officer or agent issuing the tariff;

  • (b) the tariff number, and the title that describes the tariff contents;

  • (c) the dates of publication, coming into effect and expiration of the tariff, if it is to expire on a specific date;

  • (d) a description of the points or areas from and to which or between which the tariff applies;

  • (e) in the case of a joint tariff, a list of all participating air carriers;

  • (f) a table of contents showing the exact location where information under general headings is to be found;

  • (g) where applicable, an index of all goods for which commodity tolls are specified, with reference to each item or page of the tariff in which any of the goods are shown;

  • (h) an index of points from, to or between which tolls apply, showing the province or territory in which the points are located;

  • (i) a list of the airports, aerodromes or other facilities used with respect to each point shown in the tariff;

  • (j) where applicable, information respecting prepayment requirements and restrictions and information respecting non-acceptance and non-delivery of goods, unless reference is given to another tariff number in which that information is contained;

  • (k) a full explanation of all abbreviations, notes, reference marks, symbols and technical terms used in the tariff and, where a reference mark or symbol is used on a page, an explanation of it on that page or a reference thereon to the page on which the explanation is given;

  • (l) the terms and conditions governing the tariff, generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff;

  • (m) any special terms and conditions that apply to a particular toll and, where the toll appears on a page, a reference on that page to the page on which those terms and conditions appear;

  • (n) the terms and conditions of carriage, clearly stating the air carrier’s policy in respect of at least the following matters, namely,

    • (i) the carriage of persons with disabilities,

    • (ii) acceptance of children,

    • (iii) compensation for denial of boarding as a result of overbooking,

    • (iv) passenger re-routing,

    • (v) failure to operate the service or failure to operate on schedule,

    • (vi) refunds for services purchased but not used, whether in whole or in part, either as a result of the client’s unwillingness or inability to continue or the air carrier’s inability to provide the service for any reason,

    • (vii) ticket reservation, cancellation, confirmation, validity and loss,

    • (viii) refusal to transport passengers or goods,

    • (ix) method of calculation of charges not specifically set out in the tariff,

    • (x) limits of liability respecting passengers and goods,

    • (xi) exclusions from liability respecting passengers and goods, and

    • (xii) procedures to be followed, and time limitations, respecting claims;

  • (o) the tolls, shown in Canadian currency, together with the names of the points from, to or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified;

  • (p) the routings related to the tolls unless reference is made in the tariff to another tariff in which the routings appear; and

  • (q) the official descriptive title of each type of passenger fare, together with any name or abbreviation thereof.

• (2) Every original tariff page shall be designated “Original Page”, and changes in, or additions to, the material contained on the page shall be made by revising the page and renumbering it accordingly.

• (3) Where an additional page is required within a series of pages in a tariff, that page shall be given the same number as the page it follows but a letter shall be added to the number.

• (4) and (5) [Repealed, SOR/96-335, s. 54]

Interest

107.1 Where the Agency, by order, directs an air carrier to refund specified amounts to persons that have been overcharged by the air carrier for fares or rates in respect of its air service pursuant to paragraph 66(1)(c) of the Act, the amount of the refunds shall bear interest from the date of payment of the fares or rates by those persons to the air carrier to the date of the Agency’s order at the rate of interest charged by the Bank of Canada on short-term loans to financial institutions plus one and one-half percent.

DIVISION IIInternational

Application

108 Subject to paragraph 135.3(1)(d), this Division applies in respect of every air carrier that operates an international service, except an air carrier that operates TPCs, TPNCs or TGCs.

Exception

109 An air carrier that operates an international service that serves the transportation requirements of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees and workers is excluded, in respect of the service of those requirements, from the requirements of subsection 110(1).

Filing of Tariffs

• 110 (1) Except as provided in an international agreement, convention or arrangement respecting civil aviation, before commencing the operation of an international service, an air carrier or its agent shall file with the Agency a tariff for that service, including the terms and conditions of free and reduced rate transportation for that service, in the style, and containing the information, required by this Division.

• (2) Acceptance by the Agency of a tariff or an amendment to a tariff does not constitute approval of any of its provisions, unless the tariff has been filed pursuant to an order of the Agency.

• (3) No air carrier shall advertise, offer or charge any toll where

  • (a) the toll is in a tariff that has been rejected by the Agency; or

  • (b) the toll has been disallowed or suspended by the Agency.

• (4) Where a tariff is filed containing the date of publication and the effective date and is consistent with these Regulations and any orders of the Agency, the tolls and terms and conditions of carriage in the tariff shall, unless they are rejected, disallowed or suspended by the Agency or unless they are replaced by a new tariff, take effect on the date stated in the tariff, and the air carrier shall on and after that date charge the tolls and apply the terms and conditions of carriage specified in the tariff.

• (5) No air carrier or agent thereof shall offer, grant, give, solicit, accept or receive any rebate, concession or privilege in respect of the transportation of any persons or goods by the air carrier whereby such persons or goods are or would be, by any device whatever, transported at a toll that differs from that named in the tariffs then in force or under terms and conditions of carriage other than those set out in such tariffs.

• 111 (1) All tolls and terms and conditions of carriage, including free and reduced rate transportation, that are established by an air carrier shall be just and reasonable and shall, under substantially similar circumstances and conditions and with respect to all traffic of the same description, be applied equally to all that traffic.

• (2) No air carrier shall, in respect of tolls or the terms and conditions of carriage,

  • (a) make any unjust discrimination against any person or other air carrier;

  • (b) give any undue or unreasonable preference or advantage to or in favour of any person or other air carrier in any respect whatever; or

  • (c) subject any person or other air carrier or any description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatever.

• (3) The Agency may determine whether traffic is to be, is or has been carried under substantially similar circumstances and conditions and whether, in any case, there is or has been unjust discrimination or undue or unreasonable preference or advantage, or prejudice or disadvantage, within the meaning of this section, or whether in any case the air carrier has complied with the provisions of this section or section 110.

• 112 (1) All air carriers having joint tolls shall establish just and reasonable divisions thereof between participating air carriers.

• (2) The Agency may

  • (a) determine and fix just and equitable divisions of joint tolls between air carriers or the portion of the joint tolls to be received by an air carrier;

  • (b) require an air carrier to inform the Agency of the portion of the tolls in any joint tariff filed that it or any other carrier is to receive or has received; and

  • (c) decide that any proposed through toll is just and reasonable notwithstanding that an amount less than the amount that an air carrier would otherwise be entitled to charge may be allotted to that air carrier out of that through toll.

113 The Agency may

• (a) suspend any tariff or portion of a tariff that appears not to conform with subsections 110(3) to (5) or section 111 or 112, or disallow any tariff or portion of a tariff that does not conform with any of those provisions; and

• (b) establish and substitute another tariff or portion thereof for any tariff or portion thereof disallowed under paragraph (a).

113.1 If an air carrier that offers an international service fails to apply the fares, rates, charges or terms and conditions of carriage set out in the tariff that applies to that service, the Agency may direct it to

• (a) take the corrective measures that the Agency considers appropriate; and

• (b) pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and conditions set out in the tariff.

• 114 (1) Every tariff or amendment to a tariff shall be filed with the Agency by the air carrier or by an agent appointed by power of attorney to act on the air carrier’s behalf pursuant to section 134.

• (2) Every joint tariff or amendment to a joint tariff shall be filed by one of the air carriers that is a party thereto or by an agent of the air carrier appointed by power of attorney to act on the air carrier’s behalf pursuant to section 134.

• (3) Where an air carrier files a joint tariff pursuant to subsection (2), that air carrier shall be known as the issuing carrier.

• (4) No air carrier that issues a power of attorney to another air carrier or any other agent to publish and file tolls shall include in the carrier’s own tariff tolls that duplicate or conflict with tolls published under such power of attorney.

• (5) Every tariff or amendment to a tariff that is on paper shall be filed with the Agency together with a filing advice in duplicate.

• (6) The filing advice shall be in the form set out in Schedule IV and shall contain a description of the tariff filed therewith, including,

  • (a) in the case of a tariff that is filed with the Agency by an air carrier operating a scheduled international service and that contains tolls, or terms and conditions, required to be agreed on with another air carrier, a statement that all those tolls or terms and conditions have been so agreed on; and

  • (b) in the case of a tariff that is filed with the Agency by an air carrier operating a scheduled international service and that contains tolls or terms and conditions that are required to be filed in another country, a statement that all those tolls or terms and conditions have been filed with the appropriate aeronautical authorities of the country to which the service is provided.

• (7) Every tariff and filing advice sent to the Agency shall be addressed to the Secretary, Canadian Transportation Agency, Ottawa, Canada, K1A 0N9, Attention: Tariffs Division.

Filing Time

• 115 (1) Every tariff or amendment to a tariff shall be filed with the Agency at least 45 days before the tariff or amendment comes into force, except

  • (a) where a different period is specified in an international agreement, convention or arrangement respecting civil aviation to which Canada is a party; or

  • (b) where the tariff or amendment is filed at least one working day before it comes into force

    • (i) to publish tolls for an additional aircraft to be used in, or to cancel tolls respecting an aircraft to be withdrawn from, a non-scheduled international service, other than a service that is operated at a toll per unit of traffic,

    • (ii) by an air carrier operating a non-scheduled international service in accordance with section 16; or

  • (c) by order of the Agency.

• (2) The period prescribed by subsection (1) shall not commence until a tariff or amendment is received by the Agency, and the mailing thereof does not constitute receipt by the Agency.

Public Inspection of Tariffs

• 116 (1) Every air carrier shall keep available for public inspection at each of its business offices a copy of every tariff in which the air carrier participates that applies to its international service.

• (2) Every air carrier shall display in a prominent place at each of its business offices a sign indicating that the tariffs for the international service it offers, including the terms and conditions of carriage, are available for public inspection at its business offices.

• (3) Every air carrier shall, for a period of three years after the date of any cancellation of a tariff participated in by the carrier, keep a copy of that tariff at the principal place of business in Canada of the carrier or at the place of business in Canada of the carrier’s agent.

Display of Terms and Conditions on Internet Sites

116.1 An air carrier that sells or offers for sale an international service on its Internet site must also display on the site the terms and conditions of carriage applicable to that service and must post a notice to that effect in a prominent place on the site.

Unit Tolls

117 Every air carrier operating a scheduled international service or a non-scheduled international service that is operated at a toll per unit of traffic shall publish all its tolls for those services

• (a) in the case of passenger transportation, at a fare per person; and

• (b) in the case of goods transportation, at a rate per pound, or other specified unit.

Charter Tolls

• 118 (1) Subject to subsection (2), every air carrier operating a non-scheduled international service on a charter basis shall publish all its tolls for those services at a rate per mile, where distance can be measured, or at a rate per hour where distance cannot be measured, which tolls shall be applicable to the entire capacity of the aircraft.

• (2) An air carrier that operates a non-scheduled international service on a charter basis may, in lieu of tolls described in subsection (1), establish specific point-to-point flat sum charter prices.

Currency

119 All tolls shall be expressed in Canadian currency and may also be expressed in terms of currencies other than Canadian.

Manner of Tariff Filing

• 120 (1) Tariffs in any medium may be filed with the Agency provided that, where a medium other than paper is to be used, the Agency and the filer have signed an agreement for the processing, storage, maintenance, security and custody of the data base.

• (2) Tariffs shall be maintained in a uniform and consistent manner and shall be numbered consecutively with the prefix “CTA(A)” and every issuing air carrier or agent of the carrier shall number tariffs in the carrier’s or agent’s own series.

121 [Repealed, SOR/96-335, s. 64]

Contents of Tariffs

122 Every tariff shall contain

• (a) the terms and conditions governing the tariff generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff;

• (b) the tolls, together with the names of the points from and to which or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified; and

• (c) the terms and conditions of carriage, clearly stating the air carrier’s policy in respect of at least the following matters, namely,

  • (i) the carriage of persons with disabilities,

  • (ii) acceptance of children for travel,

  • (iii) compensation for denial of boarding as a result of overbooking,

  • (iv) passenger re-routing,

  • (v) failure to operate the service or failure to operate on schedule,

  • (vi) refunds for services purchased but not used, whether in whole or in part, either as a result of the client’s unwillingness or inability to continue or the air carrier’s inability to provide the service for any reason,

  • (vii) ticket reservation, cancellation, confirmation, validity and loss,

  • (viii) refusal to transport passengers or goods,

  • (ix) method of calculation of charges not specifically set out in the tariff,

  • (x) limits of liability respecting passengers and goods,

  • (xi) exclusions from liability respecting passengers and goods, and

  • (xii) procedures to be followed, and time limitations, respecting claims.

123 [Repealed, SOR/96-335, s. 65]

Supplements

• 124 (1) A supplement to a tariff on paper shall be in book or pamphlet form and shall be published only for the purpose of amending or cancelling that tariff.

• (2) Every supplement shall be prepared in accordance with a standard form provided by the Agency.

• (3) Supplements are governed by the same provisions of these Regulations as are applicable to the tariff that the supplements amend or cancel.

Symbols

125 All abbreviations, notes, reference marks, symbols and technical terms shall be fully defined at the beginning of the tariff.

Reference to Orders

126 Every tariff or portion thereof published pursuant to an order of the Agency shall make reference therein to the number and date of the order.

Disallowance

• 127 (1) [Repealed, SOR/96-335, s. 67]

• (2) Where a tariff or any portion thereof is disallowed, the CTA(A) number, supplement number or revised page number shall not be used again.

• (3) A tariff or any portion thereof issued in substitution for a disallowed tariff or portion thereof shall make reference to the disallowed tariff or portion.

• (4) Where any tariff or portion thereof of an air carrier operating a scheduled international service or operating a non-scheduled international service that is operated at a toll per unit of traffic, that contains through tolls applicable to the transportation of traffic between a point in Canada and a point in the territory of another country, is disallowed by the competent authorities of the other country, the issuing air carrier or agent shall immediately notify the Secretary of the disallowance and the Agency shall then also mark that tariff or portion as disallowed, and so advise the issuing air carrier or agent.

Rejection

• 127.1 (1) A document or any portion thereof that purports to be a tariff that does not comply with subsection 110(1) shall be rejected and has no force or effect.

• (2) Where a tariff applicable to a scheduled international service or a non-scheduled international service that is operated at a toll per unit of traffic, containing published through tolls for transportation of traffic between Canada and any other country, is rejected by the competent authority of the other country, the issuing air carrier or agent shall immediately notify the Agency of the rejection.

Cancellation of Tariffs

• 128 (1) The cancellation of a tariff cancels all supplements thereto in effect at the time of the cancellation.

• (2) When a tariff has been cancelled, it shall not be reinstated otherwise than by publication in accordance with these Regulations.

• (3) A tariff shall be cancelled only by a supplement thereto, by another tariff of the issuing carrier or agent or by disallowance by the Agency.

• (4) No tariff shall be cancelled by a supplement to another tariff.

• (5) Where a tariff is cancelled by another tariff, the other tariff shall be in the same CTA(A) series as the cancelled tariff, except that, where an air carrier’s tariff is replaced by a tariff of an agent, the agent’s tariff shall expressly show that it cancels or replaces the carrier’s tariff.

• (6) Where an air carrier’s tariff is replaced by an agent’s tariff, the carrier’s tariff shall be cancelled by a supplement thereto that makes reference to the CTA(A) number of the agent’s tariff.

• (7) Where a tariff is replaced by two or more tariffs, the cancellation of that tariff shall be effected by a supplement that shows, with respect to the specific material to be cancelled, full CTA(A) reference to the tariffs in which the material will be found and the new tariffs shall make reference to the cancelled tariff.

• (8) Where a portion of a tariff is to be transferred to another tariff, a specific cancellation of that portion shall be made by the publication of a supplement, a revised page or a new tariff showing full CTA(A) reference to the tariff in which the material will be set out in the future and to the tariff in which the material was formerly published.

• (9) Where a new tariff partially replaces another tariff that is in effect, the new tariff shall specifically state the portions of the other tariff that are replaced, and the inconsistent portions of the other tariff shall be amended forthwith in accordance with these Regulations.

Suspensions and Disallowances

• 129 (1) Where any provision of a tariff is suspended or disallowed by the Agency, the issuing air carrier or its agent shall immediately file with the Agency an appropriate tariff, to become effective not less than one working day after the date of filing, that restores the provision replaced by the suspended or disallowed provision.

• (2) Where the Agency rescinds an order of suspension or disallowance, a tariff or portion thereof putting into effect the tariff provision suspended or disallowed, and cancelling any provision restored in consequence of that order, may be filed by the issuing air carrier or its agent to become effective not less than one working day after the date of filing but not earlier than the originally proposed effective date of the suspended or disallowed provision.

• (3) Where any provision of a tariff is suspended or disallowed by direction of the competent authorities of a foreign state, or the suspension or disallowance has been rescinded or the cancellation of the suspended or disallowed provision has been directed by those authorities, the issuing air carrier or agent may comply with their decision in accordance with such regulations of the competent authorities as may be pertinent.

• (4) [Repealed, SOR/96-335, s. 70]

Changes in Tariffs

• 130 (1) Except where a toll is disallowed or a new toll is substituted by the Agency, no toll may be changed unless the tariff or amendment in which it is set out is filed within the appropriate time limit set out in section 115.

• (2) Every tariff or toll may bear an expiry date.

• (3) Any amendment to the expiry date of a tariff after the date of its publication shall be made in accordance with section 115.

Terms and Conditions of Tariffs

• 131 (1) A separate tariff containing terms and conditions to which another tariff is subject may be filed under a CTA(A) number and those terms and conditions may be made part of that other tariff by making reference therein to the separate tariff by its CTA(A) number.

• (2) Where a toll tariff is subject to terms and conditions in a separate tariff, all air carriers that participate in the toll tariff shall be shown as participating air carriers in that separate tariff.

Routing Guides

• 132 (1) All tariffs shall show, in such a manner that it may be definitely ascertained, the routing in respect of which the tolls contained therein apply.

• (2) Routings may be published in the tariff containing the tolls respecting them or, if reference thereto by CTA(A) number is made in the tariff containing the tolls, in a separate tariff designated as a routing guide.

• (3) A routing guide, when published, shall be filed with the Agency under a CTA(A) number by the issuing air carrier or agent.

• (4) A routing guide shall indicate on the title page that

  • (a) the routes provided in the guide may be used only in connection with tolls made subject to the guide by making reference, by CTA(A) number, to the tariffs containing those tolls; and

  • (b) the use of the guide in connection with any tariff is restricted to such air carriers and such application of the guide as are indicated in that tariff.

Concurrences

• 133 (1) Air carriers subject to the Agency’s jurisdiction that participate in joint tariffs of air carriers or agents shall notify the Agency of their concurrence in a joint tariff by filing

  • (a) where a specific tariff of an issuing air carrier or agent is concurred in, a certificate of specific concurrence prepared in the form set out in Schedule V;

  • (b) where a concurrence is to be limited in scope, a certificate of limited concurrence prepared in the form set out in Schedule VI; or

  • (c) where all tariffs of an issuing carrier or agent are to be concurred in, a certificate of general concurrence prepared in the form set out in Schedule VII.

• (2) Except as otherwise provided in these Regulations, every tariff concurred in by a specific, limited or general concurrence shall make reference to the appropriate serial number and prefix against the name of the concurring air carrier in the tariff.

• (3) Every tariff published pursuant to a limited or a specific concurrence shall conform to the terms thereof indicated in the form set out in Schedule V or VI.

• (4) A certificate of concurrence filed with the Agency may be revoked by filing a new certificate of concurrence in its place or by sending a notice of revocation to the Agency.

• (5) The revocation of a certificate of concurrence shall take effect not less than 60 days after the Agency receives notice of the revocation.

• (6) Every notice of revocation of a certificate of concurrence shall be prepared in the form set out in Schedule VIII and filed with the Agency.

• (7) Where a certificate of concurrence is revoked and the notice of revocation is not disallowed by the Agency, an amendment of every tariff affected by the revocation shall be filed with the Agency in accordance with section 115 no later than the effective date of the revocation.

• (8) Where a tariff is not amended in accordance with subsection (7),

  • (a) the tolls in the tariff remain applicable and the carrier that revoked its concurrence is thereafter entitled to receive its local tolls;

  • (b) where the tariff is published by an air carrier, that air carrier will be held liable to the carrier that revoked the concurrence for the difference between the tolls in the unamended tariff and those that would have existed had the tariff been amended in accordance with the revocation of concurrence; and

  • (c) where the tariff was published by an agent, the other air carriers whose combined routings form the joint route will be held responsible for such difference in tolls.

• (9) Where a tariff of an air carrier or agent not subject to the jurisdiction of the Agency is filed with the Agency and a non-concurring air carrier participates therein, the said tariff shall be effective and the tolls, the terms and conditions therein applicable unless the non-concurring air carrier has applied for and received an order from the Agency disallowing the tariff.

• (10) Where two or more agents each file the same joint tariff, no mailing of a copy of a certificate of concurrence to each group of air carriers for whom each agent acts as attorney is required.

Powers of Attorney

• 134 (1) Before an air carrier publishes tariffs through an agent, the carrier shall file with the Agency a power of attorney in the form set out in Schedule IX.

• (2) Where an air carrier publishes tariffs through another air carrier or a corporation that is not an air carrier, the issuing carrier shall first file with the Agency a power of attorney in the form set out in Schedule X.

• (3) Where two or more air carriers appoint the same agent, separate powers of attorney are required from those air carriers.

• (4) Powers of attorney issued to two or more air carriers or other agents shall not result in the publication of duplicate or conflicting tariffs.

• (5) A power of attorney may be cancelled by the substitution therefor of a new power of attorney expressly cancelling the power of attorney in force or by notice of revocation in the form set out in Schedule XI.

• (6) A new power of attorney or notice of revocation shall be filed with the Agency at least 60 days before it becomes effective.

• (7) A substitution or revocation that cancels a power of attorney and to which an agent has not given effect by modification of the tariff affected thereby shall not be taken into account by the Agency unless the air carrier has applied to and received from the Agency an order disallowing that tariff.

• (8) Every agent’s tariff shall show the name of the air carrier for whom the agent acts, together with the serial number of the power of attorney authorizing the agent to publish and file tariffs for that carrier.

• (9) Every agent’s tariff applicable jointly between or from points that air carriers are authorized to serve shall be filed by each agent in that agent’s own CTA(A) series unless all the air carriers appoint the same agent.

Adopted Tariffs

• 135 (1) Where an air carrier, in this section called an “adopted carrier”, changes its name or transfers the control of its operations, any other air carrier, in this section called an “adopting carrier”, that adopts the tariffs, concurrences therein, supplements and modifications thereof or other documents of the adopted carrier shall

  • (a) file with the Agency an adoption notice in the form set out in Schedule XII;

  • (b) file a power of attorney if the agent of the adopted carrier or a new agent is being appointed;

  • (c) make to every tariff referred to in the adoption notice such an amendment as to indicate the CTA(A) number of the adoption notice and, expressly, the fact that the tariff, including any amendment thereto, has become the tariff of the adopting carrier pursuant to the notice; and

  • (d) where the tariff to be amended is on paper, insert the adoption notice in the tariff on a page that remains in effect until the tariff is cancelled or amended in such manner as to remove any reference to the adopted carrier.

• (2) Every supplement to a tariff of an adopted carrier that an adopting carrier publishes after the supplement referred to in paragraph (1)(d) shall

  • (a) contain the name of the adopting air carrier;

  • (b) be numbered consecutively following the number of the adoption supplement; and

  • (c) bear the CTA(A) number of the adopted carrier’s series and the name or initials of that carrier.

• (3) Where a tariff in which an adopted carrier is named as a participant is published by other air carriers or agents, the tariff shall be amended to substitute for the name of that carrier, in the first supplement published by those air carriers or agents after the adoption takes effect, the name of the adopting carrier, and the supplement of the amended tariff shall include a provision to the effect that the adopting carrier, by its adoption notice, indicated by a CTA(A) number in that provision, has taken over the tariffs of that participant and that the name of the adopting carrier is substituted for the name of that participant, wherever it appears in the tariff, effective on the date of the adoption.

• (4) Where a tariff on paper is amended in accordance with subsection (3), the substitution clause shall remain in effect until the tariff is cancelled or until all necessary amendments to the tariff have been effected to remove all references to the adopted carrier.

• (5) Powers of attorney and certificates of concurrence adopted by an adopting carrier shall be replaced within 120 days by new powers of attorney and certificates of concurrence of that carrier, in which reference shall be made to the cancellation of the documents of the adopted carrier.

• (6) [Repealed, SOR/96-335, s. 76]

DIVISION IIITransborder Charters

Application

135.1 This Division applies in respect of every air carrier that operates TPCs, TPNCs or TGCs.

Exception

135.2 Section 135.3 does not apply in respect of the operation of an international service that serves the transportation needs of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees and workers.

General

• 135.3 (1) Every air carrier shall

  • (a) publish or display and make available for public inspection, at the business office of the air carrier, all the tariffs in effect in respect of the charter service offered by the air carrier, whether or not those tariffs have been filed with the Agency;

  • (b) clearly identify in the tariffs referred to in paragraph (a) the rates, charges and terms and conditions of carriage applicable in respect of the charter service offered by the air carrier;

  • (c) retain a record of the tariffs referred to in paragraph (a) for a period of at least three years after the tariffs cease to have effect; and

  • (d) file with the Agency tariffs that contain general terms and conditions of carriage that are broadly applicable to all air transportation and that are not directly related to a rate or charge, in the style and, where applicable, with the information, that is required by Division II.

• (2) No air carrier shall impose any rate or charge, or apply any term or condition of carriage, in respect of the charter service it offers, unless the rate, charge, term or condition is set out in a tariff referred to in paragraph (1)(a) that is in effect in respect of that service.

• (3) An air carrier shall provide a copy of the tariffs referred to in paragraph (1)(a) or any portion thereof to any person on the request of that person.

• (4) Subsections (1) to (3) do not apply in respect of a charter price set out in a contract respecting a TPC, TPNC or TGC between an air carrier and a charterer where

  • (a) the parties to the contract agree to keep the charter price confidential;

  • (b) the air carrier retains a copy of the page showing the charter price for a period of at least three years after the date it ceases to have effect; and

  • (c) the air carrier makes available to the Agency, on request, a copy of the page showing the charter price.

Powers of the Agency

135.4 Where the Agency, on receiving a complaint or of its own motion, determines that any term or condition of carriage set out in a tariff is unjust or unreasonable, the Agency may

• (a) suspend or disallow the tariff or a portion thereof;

• (b) establish and substitute another tariff or portion thereof for the suspended or disallowed tariff or portion thereof; or

• (c) prohibit an air carrier from advertising, offering or applying the suspended or disallowed tariff or portion thereof.

PART V.1Advertising Prices

Interpretation

135.5 The following definitions apply in this Part.

air transportation charge

air transportation charge means, in relation to an air service, every fee or charge that must be paid upon the purchase of the air service, including the charge for the costs to the air carrier of providing the service, but excluding any third party charge. (frais du transport aérien)

third party charge

third party charge means, in relation to an air service or an optional incidental service, any tax or prescribed fee or charge established by a government, public authority or airport authority, or by an agent of a government, public authority or airport authority, that upon the purchase of the service is collected by the air carrier or other seller of the service on behalf of the government, the public or airport authority or the agent for remittance to it. (somme perçue pour un tiers)

total price

total price means

• (a) in relation to an air service, the total of the air transportation charges and third party charges that must be paid to obtain the service; and

• (b) in relation to an optional incidental service, the total of the amount that must be paid to obtain the service, including all third party charges. (prix total)

135.6 For the purposes of subsection 86.1(2) of the Act and this Part, a prescribed fee or charge is one that is fixed on a per person or ad valorem basis.

Application

• 135.7 (1) Subject to subsection (2), this Part applies to advertising in all media of prices for air services within, or originating in, Canada.

• (2) This Part does not apply to an advertisement that relates to

  • (a) an air cargo service;

  • (b) a package travel service that includes an air service and any accommodation, surface transportation or entertainment activity that is not incidental to the air service; or

  • (c) a price that is not offered to the general public and is fixed through negotiation.

• (3) This Part does not apply to a person who provides another person with a medium to advertise the price of an air service.

Requirements and Prohibitions Relating to Advertising

• 135.8 (1) Any person who advertises the price of an air service must include in the advertisement the following information:

  • (a) the total price that must be paid to the advertiser to obtain the air service, expressed in Canadian dollars and, if it is also expressed in another currency, the name of that currency;

  • (b) the point of origin and point of destination of the service and whether the service is one way or round trip;

  • (c) any limitation on the period during which the advertised price will be offered and any limitation on the period for which the service will be provided at that price;

  • (d) the name and amount of each tax, fee or charge relating to the air service that is a third party charge;

  • (e) each optional incidental service offered for which a fee or charge is payable and its total price or range of total prices; and

  • (f) any published tax, fee or charge that is not collected by the advertiser but must be paid at the point of origin or departure by the person to whom the service is provided.

• (2) A person who advertises the price of an air service must set out all third party charges under the heading “Taxes, Fees and Charges” unless that information is only provided orally.

• (3) A person who mentions an air transportation charge in the advertisement must set it out under the heading “Air Transportation Charges” unless that information is only provided orally.

• (4) A person who advertises the price of one direction of a round trip air service is exempt from the application of paragraph (1)(a) if the following conditions are met:

  • (a) the advertised price is equal to 50% of the total price that must be paid to the advertiser to obtain the service;

  • (b) it is clearly indicated that the advertised price relates to only one direction of the service and applies only if both directions are purchased; and

  • (c) the advertised price is expressed in Canadian dollars and, if it is also expressed in another currency, the name of that other currency is specified.

• (5) A person is exempt from the requirement to provide the information referred to in paragraphs (1)(d) to (f) in their advertisement if the following conditions are met:

  • (a) the advertisement is not interactive; and

  • (b) the advertisement mentions a location that is readily accessible where all the information referred to in subsection (1) can be readily obtained.

135.9 A person must not provide information in an advertisement in a manner that could interfere with the ability of anyone to readily determine the total price that must be paid for an air service or for any optional incidental service.

135.91 A person must not set out an air transportation charge in an advertisement as if it were a third party charge or use the term tax in an advertisement to describe an air transportation charge.

135.92 A person must not refer to a third party charge in an advertisement by a name other than the name under which it was established.

PART VIService Schedules

Application

136 This Part applies in respect of any scheduled international service operated by an air carrier.

Validity of Service Schedules

• 136.1 (1) A service schedule is valid beginning on its effective date unless the Agency rejects or disallows it.

• (2) The Agency shall reject a service schedule if the Agency determines that the service schedule has not been filed in accordance with the requirements of this Part.

• (3) The Agency shall disallow a service schedule if the Agency determines that it is inconsistent with the licence of the air carrier that filed it.

Filing of Service Schedules

137 An air carrier or its agent shall file with the Agency a service schedule or an amendment to a service schedule that includes the information required by section 139 and, where the service schedule is on paper, a filing advice that includes the information required by subsection 140(3).

• 138 (1) Every service schedule filed with the Agency shall be consecutively numbered with the prefix “CTA(A)GS”.

• (2) [Repealed, SOR/96-335, s. 79]

• (3) Every service schedule or amendment thereto shall be filed with the Agency at least 10 days, commencing on its receipt by the Agency and not on mailing, prior to the effective date of the schedule or amendment.

• (4) A non-Canadian air carrier that operates a scheduled international service may file complete copies of the carrier’s service schedules.

• (5) Where service schedules filed pursuant to subsection (4) include specific schedules of flights other than to or from points in Canada, these Regulations do not apply to those specific schedules.

Contents of Service Schedules

139 Every service schedule shall contain the following information:

• (a) the full name of the air carrier;

• (b) the name and business address of an authorized officer or agent of the air carrier;

• (c) the date of issuance and the effective date of the service schedule;

• (d) the class of air service; and

• (e) full details of each air service to be operated by the air carrier, namely,

  • (i) the points served,

  • (ii) the frequency of service set out by day of the week,

  • (iii) the times of departure and arrival at each point,

  • (iv) the flight number or numbers assigned by the air carrier, and

  • (v) the type and usual configuration of aircraft used.

Form of Service Schedules

• 140 (1) An air carrier may file a service schedule and any amendment thereto on paper or in an electronic form that is compatible with the electronic systems used by the Agency.

• (2) A service schedule on paper shall be plainly typewritten, printed or reproduced.

• (3) Every filing advice shall contain the following information:

  • (a) the name, address, telephone and facsimile numbers of the air carrier and, where applicable, of the agent of the air carrier;

  • (b) the name and title of an authorized officer of the air carrier or its agent;

  • (c) the date of issuance and the effective date of the service schedule;

  • (d) the service schedule number in accordance with subsection 138(1);

  • (e) the number of pages of the service schedule or of any amendments thereto;

  • (f) a brief description of the contents of the service schedule;

  • (g) a description of any routes that have been amended by the service schedule; and

  • (h) a list of the persons who have been sent a copy of the service schedule.

Public Inspection of Service Schedules

141 Immediately on filing a service schedule with the Agency and thereafter until the service schedule is rejected or disallowed by the Agency or cancelled by the air carrier, every air carrier shall keep its current service schedule, with amendments, available for public inspection at each of its business offices.

Operating Without Filing Amendments

• 142 (1) An air carrier may

  • (a) defer a flight if no traffic is offered for transportation between any of the points named in any schedule for a specific route at the time specified in that schedule; and

  • (b) cancel that flight if it is not required before the departure of the next succeeding flight and that flight has the capacity to accommodate all available traffic.

• (2) Where a deferred flight referred to in subsection (1) has been delayed by weather, conditions affecting safety or abnormal operating conditions, the air carrier may consolidate the traffic of that flight with the traffic of another flight if, as a consequence, the traffic on the deferred flight is not unreasonably delayed and connections with other air services are not jeopardized.

• (3) Where there is no traffic to be carried from or to an intermediate point on an air carrier’s flight and a stop is not otherwise required to be made pursuant to the air carrier’s licence, the air carrier may omit a stop at that point.

Operations Without Filing Amendments

143 An air carrier may, where to do so is consistent with its licence authority and without amending its service schedule,

• (a) operate extra aircraft to accommodate an unusually heavy demand for transportation on a flight; and

• (b) operate extra flights to accommodate demand for transportation between the flights as scheduled.

Timetables

144 Where an air carrier publishes a timetable,

• (a) the timetable shall reflect the service schedule filed with the Agency; and

• (b) the air carrier shall, at the time of publication, file the number of copies that are required by the Agency.

PART VIITerms and Conditions of Carriage of Persons

Interpretation

145 In this Part,

extraordinary service

extraordinary service means any service related to a disability that is not required by this Part to be provided by an air carrier or any service that is not usually provided by an air carrier; (service inhabituel)

passenger seat

passenger seat means a seat on board an aircraft that is ordinarily occupied by a passenger; (siège passager)

person

person means a person with a disability who is, has been or will be a passenger on a flight operated by an air carrier. (personne)

Application

• 146 (1) This Part applies to an air carrier in respect of any domestic service operated by the air carrier with an aircraft that has 30 or more passenger seats.

• (2) Nothing in this Part relieves any air carrier from complying with the provisions of any safety regulations made under the Aeronautics Act.

Services

• 147 (1) Subject to section 151, an air carrier shall provide the following services to a person, if requested:

  • (a) assisting with registration at the check-in counter;

  • (b) assisting in proceeding to the boarding area;

  • (c) assisting in boarding and deplaning;

  • (d) assisting in stowing and retrieving the person’s carry-on baggage;

  • (e) transferring the person between the person’s own wheelchair, scooter or other mobility aid and a wheelchair, boarding chair or other mobility aid provided by the air carrier;

  • (f) transferring the person between a wheelchair, boarding chair or other mobility aid and the person’s passenger seat;

  • (g) assisting the person, other than by carrying the person, in moving to and from an aircraft washroom, including assisting the person in using an on-board wheelchair where one is available;

  • (h) assisting in retrieving the person’s checked baggage;

  • (i) assisting in proceeding to the general public area or, where a person is changing to a flight of another air carrier within the same terminal, to a representative of the receiving air carrier;

  • (j) serving special meals, where available, and providing limited assistance with meals such as opening packages, identifying items and cutting large food portions; and

  • (k) inquiring periodically during the flight about the person’s needs, and attending to those needs where the services required are usually provided by the air carrier, or where the services are required to be provided by the air carrier under this Part.

• (2) When a reservation is being made for a person, the air carrier shall

  • (a) describe, if requested,

    • (i) the services that the air carrier is required, pursuant to this section and sections 148 and 149, to provide to persons and any conditions in respect of those services set out in those sections and section 151, and

    • (ii) any additional service that the air carrier provides to persons and any conditions in respect of that additional service; and

  • (b) confirm, after asking the person, which services that person requests.

• (3) Where a person requests assistance in boarding or seating or in stowing carry-on baggage pursuant to subsection (1), an air carrier may require the person to board the aircraft in advance of other passengers.

• 148 (1) Subject to subsection (2) and section 151, an air carrier shall accept for carriage as priority baggage, without charge and in addition to the free baggage allowance permitted to a passenger, the following aids, where they are required for the mobility or well-being of a person:

  • (a) an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair;

  • (b) a manually operated folding wheelchair;

  • (c) a walker, a cane, crutches or braces;

  • (d) any device that assists the person to communicate better; and

  • (e) any prosthesis or medical device.

• (2) Where an air carrier operates an aircraft that has fewer than 60 passenger seats and the design of the aircraft does not permit the carriage of a person’s aid referred to in paragraph (1)(a), the air carrier

  • (a) is not required to carry the aid; and

  • (b) shall advise the person about transportation arrangements that are available for the aid.

• (3) Subject to section 151, an air carrier shall permit a person in a manually operated wheelchair to remain in the wheelchair

  • (a) until the person reaches the boarding gate from which the person’s flight is to depart;

  • (b) where facilities permit, while the person is moving between the terminal and the door of the aircraft; or

  • (c) where space and facilities permit, while the person is moving between the terminal and the passenger seat.

• (4) Subject to subsection (5), an air carrier that accepts for carriage a person’s aid referred to in paragraph (1)(a), (b) or (c) shall, without charge,

  • (a) disassemble and package the aid;

  • (b) where the person has been required to board the aircraft in advance of other passengers pursuant to subsection 147(3), identify the aid as priority baggage;

  • (c) unpackage and reassemble the aid; and

  • (d) return the aid to the person promptly on arrival at the person’s destination.

• (5) Where space permits, an air carrier shall, without charge, permit a person who requires

  • (a) a wheelchair referred to in paragraph (1)(b) to store the wheelchair in the passenger cabin during the flight; and

  • (b) a small aid referred to in paragraph (1)(c), (d) or (e) to retain the aid in the person’s custody during the flight.

• 149 (1) Subject to section 151, an air carrier shall accept a service animal for carriage without charge if the animal is

  • (a) required by a person for assistance; and

  • (b) certified, in writing, as having been trained to assist a person by a professional service animal institution.

• (2) Where an air carrier accepts a service animal for carriage pursuant to subsection (1), the air carrier shall permit the animal, if the animal is properly harnessed in accordance with standards established by a professional service animal institution, to accompany the person on board the aircraft and to remain on the floor at the person’s passenger seat.

150 Where a person is in a wheelchair, boarding chair or any other device in which the person is not independently mobile, the air carrier shall inquire periodically about the needs of the person while the person is awaiting a flight after check-in or is in transit between flights and shall attend to those needs where the services required are usually provided by the air carrier, or where the services are required to be provided by the air carrier under this Part.

• 151 (1) Where a person requests a service set out in this Part at least 48 hours before the scheduled time of departure of the person’s flight, the air carrier shall provide the person with the service.

• (2) Where, at least 48 hours before the scheduled time of departure of a person’s flight, the person requests an additional service that is set out in an air carrier’s tariff, the air carrier shall provide the person with the service, in accordance with any conditions in respect of the service that are set out in the tariff.

• (3) Where a request for a service referred to in subsection (1) or (2) is not made within the time limit provided thereunder, the air carrier shall make a reasonable effort to provide the service.

• (4) Where a person who has requested from an air carrier a service referred to in subsection (1) or (2) must travel on a flight of another air carrier because of a flight cancellation or the substitution by the original air carrier of an aircraft that has fewer than 30 passenger seats, the original air carrier shall cooperate as much as is possible with the other air carrier in providing the requested service.

Administration

152 An air carrier shall

• (a) where the air carrier has facilities to do so, indicate in the record of a person’s reservation any services that the air carrier will provide to the person;

• (b) provide a person with a written confirmation of the services that the air carrier will provide to the person;

• (c) transmit the information referred to in paragraph (a) to the appropriate personnel of the air carrier and, where a person is changing to a flight of another air carrier, to the appropriate personnel of that other air carrier at any transfer point indicated on the person’s ticket and at the person’s final destination; and

• (d) make reasonable efforts to inform the air carrier’s agents of the requirements set out in paragraphs (a), (b) and (c).

• 153 (1) Where a person identifies the nature of that person’s disability, an air carrier shall, before assigning a passenger seat to that person, inform the person of those passenger seats in the aircraft to be used that are most accessible for that person.

• (2) Where an air carrier is capable of assigning passenger seats before a flight, accessible passenger seats shall be the last seats assigned to passengers without disabilities.

• (3) Where an air carrier is not capable of assigning passenger seats before a flight, the air carrier shall make a reasonable effort to ensure that accessible passenger seats are the last seats made available to passengers without disabilities.

154 An air carrier shall accept the determination made by or on behalf of a person that the person does not require any extraordinary service during a flight.

Damaged or Lost Aid

• 155 (1) Subject to subsections (2) and (3), where an air carrier accepts a person’s aid referred to in paragraph 148(1)(a), (b) or (c) for carriage and the aid is damaged during carriage or is not available to the person upon the person’s arrival at the person’s destination, the air carrier shall, without charge, immediately provide the person with a suitable temporary replacement at the person’s destination.

• (2) Where an air carrier accepts a person’s aid referred to in paragraph 148(1)(a), (b) or (c) for carriage and the aid is damaged during carriage and can be repaired promptly and adequately, the air carrier shall, in addition to complying with subsection (1), forthwith arrange for the prompt and adequate repair of the aid at the air carrier’s expense and shall return it to the person at the air carrier’s expense as soon as possible.

• (3) Where an air carrier accepts a person’s aid referred to in paragraph 148(1)(a), (b) or (c) for carriage and the aid is damaged during carriage and cannot be repaired promptly and adequately or the air carrier cannot locate the aid within 96 hours after the person’s arrival at the person’s destination and return it promptly to the person, the air carrier shall, in addition to complying with subsection (1),

  • (a) replace the damaged or lost aid with an identical one satisfactory to the person; or

  • (b) notwithstanding the limits of liability respecting goods contained in any applicable tariff, reimburse the person for the full replacement cost of the aid.

• (4) Where an air carrier provides a person with a temporary replacement aid pursuant to subsection (1), that person shall continue to have the use of that aid

  • (a) until the time the person’s aid is returned to the person, where the aid is to be repaired pursuant to subsection (2); or

  • (b) until a reasonable period for the replacement of the aid has elapsed, where the air carrier has taken steps to replace a damaged or lost aid or has reimbursed the person, pursuant to subsection (3).

Filing an Application for Inquiry

156 Where an air carrier receives a complaint in respect of the terms and conditions of carriage set out in this Part from or on behalf of a person and is unable to respond to the complaint to the satisfaction of the person, the air carrier shall promptly inform the person that the person may file an application for inquiry with the Agency pursuant to subsection 172(1) of the Act and any rules made pursuant to section 17 of the Act.

SCHEDULE IV(Section 114)Filing Advice

(Corporate name and address of air carrier or agent)	Filing Advice No.	(number consecutively)
	Date
TO:
Secretary
Canadian Transportation Agency
Ottawa, Canada
K1A 0N9

In compliance with the requirements of the Air Transportation Regulations, I transmit herewith, for filing with the Agency, copies of the following tariffs:

Supplement Number or Revised Page Number

Tariff CTA(A) Number

Effective Date

Description

(If the tariffs to be filed are too numerous to list on this page, a separate list may be attached to the filing advice for that purpose.)

(Signature, name and title of authorized person or agent)

• SOR/93-253, s. 2(F)
• SOR/96-335, ss. 89, 90

SCHEDULE V(Section 133)Specific Concurrence

(Corporate name and address of concurring air carrier)	CTA(A)SC No. cancels	(number consecutively)
	CTA(A)SC No.
	Type of Service	(Passenger, Goods or Passenger and Goods)
	Date

TO:
Secretary
Canadian Transportation Agency
Ottawa, Canada
K1A 0N9

SPECIFIC CONCURRENCE IN TARIFF CTA(A) NO. ISSUED BY (name of issuing carrier or agent)

Subject to the undernoted exceptions, this is to certify that (name of concurring carrier) assents to, and concurs in, joint tariff CTA(A) No. , supplements thereto or revised pages thereof that may hereafter be published and filed by (name of carrier or agent issuing tariff) in which this carrier is named as a participant insofar as the aforementioned tariff, supplements and revised pages contain tolls or terms and conditions applicable to destinations served by this carrier, or are applicable via this carrier’s service to destinations served by other carriers, and hereby makes itself a party thereto and bound thereby.

Exceptions

(Here describe the extent to which the above provisions are limited; otherwise leave blank.)

This certificate expires with the cancellation or expiration of the tariff to which it applies unless sooner revoked.

(Signature, name and title of authorized officer or agent)

Duplicate mailed to: (name and address of carrier or agent in whose favour concurrence is executed)

Note: If this concurrence is to apply to a supplement, this form may be modified accordingly.

• SOR/93-253, s. 2(F)
• SOR/96-335, ss. 89, 90

SCHEDULE VI(Section 133)Limited Concurrence

(Corporate name and address of concurring air carrier)	CTA(A) LC No. cancels	(number consecutively)
	CTA(A) LC No.
	Type of Service	(Passenger, Goods or Passenger and Goods)
	Date

TO:
Secretary
Canadian Transportation Agency
Ottawa, Canada
K1A 0N9

LIMITED CONCURRENCE IN TARIFF CTA(A) NO. ISSUED BY (name of issuing carrier or agent)

This is to certify that (name of concurring carrier) assents to, and concurs in, joint tariffs, supplements thereto or revised pages thereof that may hereafter be published and filed by (name of carrier or agent issuing tariffs) in which this carrier is named as a participant insofar as such tariffs, supplements and revised pages contain tolls or terms and conditions applicable to destinations served by this carrier, or are applicable via this carrier’s service to destinations served by other carriers, except (state here the extent of the exception), and hereby makes itself a party thereto and bound thereby.

This certificate expires with the cancellation or expiration of the tariffs to which it applies unless sooner revoked.

(Signature, name and title of authorized officer or agent)

Duplicate mailed to: (name and address of carrier or agent in whose favour concurrence is executed).

Note: If this concurrence is to apply to a supplement, this form may be modified accordingly.

• SOR/93-253, s. 2(F)
• SOR/96-335, ss. 89, 90

SCHEDULE VII(Section 133)General Concurrence

(Corporate name and address of concurring air carrier)	CTA(A) GC No. cancels	(number consecutively)
	CTA(A) GC No.
	Type of Service	(Passenger, Goods or Passenger and Goods)
	Date

TO:
Secretary
Canadian Transportation Agency
Ottawa, Canada
K1A 0N9

GENERAL CONCURRENCE IN TARIFF CTA(A) NO. ISSUED BY (name of issuing carrier or agent)

This is to certify that (name of concurring carrier) assents to, and concurs in, all joint tariffs, supplements thereto or revised pages thereof that may hereafter be published and filed by (name of carrier or agent issuing the tariffs) in which this carrier is named as participant insofar as such tariffs, supplements and revised pages contain tolls or terms and conditions applicable to destinations served by this carrier, or are applicable via this carrier’s service to destinations served by other carriers, and hereby makes itself a party thereto and bound thereby.

This certificate expires with the cancellation or expiration of the tariff to which it applies unless sooner revoked.

(Signature, name and title of authorized person or agent)

Duplicate mailed to: (name and address of carrier or agent in whose favour concurrence is executed)

Note: If this concurrence is to apply to a supplement, this form may be modified accordingly.

• SOR/93-253, s. 2(F)
• SOR/96-335, ss. 89, 90

SCHEDULE VIII(Section 133)Notice of Revocation

(Corporate name and address of air carrier)		REVOCATION OF
		CTA(A) SC No. , or
		CTA(A) LC No. , or
		CTA(A) GC No.
		in Tariff CTA(A) No.
		Date

TO:
Secretary
Canadian Transportation Agency
Ottawa, Canada
K1A 0N9

REVOCATION OF CONCURRENCE IN TARIFF CTA(A) NO. ISSUED BY (name of issuing carrier or agent)

Effective , the concurrence noted above issued by (corporate name of air carrier) in favour of (name of carrier or agent) is hereby revoked.

Reasons:

(Signature, name and title of authorized officer or agent)

Duplicate mailed to: (name and address of issuing carrier)

• SOR/93-253, s. 2(F)
• SOR/96-335, ss. 89, 90

SCHEDULE IX(Section 134)Power of Attorney

(Agent)

(Corporate name and address of air carrier)	CTA(A)(PA) No. cancels	(number consecutively)
	CTA(A)(PA) No.
	Type of Service	(Passenger, Goods or Passenger and Goods)
	Date

TO:

Secretary

Canadian Transportation Agency

Ottawa, Ontario

Canada K1A 0N9

I/we, (insert name of issuing air carrier), of (address) do hereby constitute and appoint (name of agent) of (address) my/our true and lawful attorney to receive concurrences in tariffs and to publish and file tariffs, including the removal of material from tariffs that has not been accepted by the Agency as well as any supplements thereto or revised pages thereof, as required of carriers by the Canada Transportation Act, and the regulations made thereunder, until these presents be cancelled or revoked in accordance with such regulations, for the traffic and territory now herein named. (Describe traffic and territory)

In the event of the said (name of agent) dying or becoming incapable of acting or refusing to act or becoming bankrupt, I/we hereby appoint (name of substitute agent) of (address) my/our true and lawful attorney from and immediately after the happening of any of the said events to perform all acts in the same and like manner in all respects as the said (name of first agent) could have done and I/we accordingly grant to and vest in the said (substitute agent), as from the date of such event all and every the same or the like powers and authorities in or concerning the premises in all things as are herein given to or vested in the said (first agent) and as if the name of the said (substitute agent) had, throughout these presents, been inserted instead of the name of the said (first agent).

And I/we hereby undertake to ratify whatsoever the said (first agent) or the said (substitute agent) shall lawfully do or cause to be done by virtue of these presents.

IN WITNESS, etc.

SIGNED, SEALED, etc.

In the presence of

(Witness)		(Duly authorized person)
(Witness)		(Duly authorized person)

Duplicate mailed to: (name and address of agent)

(Corporate seal)

• SOR/93-253, s. 2(F)
• SOR/96-335, s. 88

SCHEDULE X(Section 134)Power of Attorney

(Other Air Carrier or Corporation)

(Corporate name and address of air carrier)	CTA(A)(PA) No. cancels	(number consecutively)
	CTA(A)(PA) No.
	Type of Service	(Passenger, Goods or Passenger and Goods)
	Date

TO:

Secretary

Canadian Transportation Agency

Ottawa, Ontario

Canada K1A 0N9

I/we, (insert name of issuing carrier), of (address) do hereby constitute and appoint (name of air carrier/corporation) of (address) my/our true and lawful attorney for me/us to receive concurrences in tariffs and to publish and file tariffs, including the removal of material from tariffs that has not been accepted by the Agency as well as any supplements thereto or revised pages thereof, as required of carriers by the Canada Transportation Act, and the regulations made thereunder, until these presents be cancelled or revoked in accordance with such regulations, for the traffic and territory now herein named. (Describe traffic and territory.)

AND I/we hereby undertake to ratify whatsoever the said (name of air carrier/corporation) shall lawfully do or cause to be done by virtue of these presents.

IN WITNESS, etc.

SIGNED, SEALED, etc.

In the presence of

(Witness)		(Duly authorized person)
(Witness)		(Duly authorized person)

Duplicate mailed to: (name and address of other air carrier or corporation)

(Corporate seal)

• SOR/93-253, s. 2(F)
• SOR/96-335, s. 88

SCHEDULE XI(Section 134)Revocation of Power of Attorney

(Corporate name and address of air carrier)	CTA(A) PA No.
	Date

TO:

Secretary

Canadian Transportation Agency

Ottawa, Canada

K1A 0N9

REVOCATION OF POWER OF ATTORNEY CTA(A) PA No. ISSUED IN FAVOUR OF (name and address of other air carrier, corporation or agent)

Effective , the power of attorney numbered as above, issued by (corporate name of carrier) in favour of (name of other air carrier, corporation or agent) is hereby revoked.

(Signature, name and title of authorized officers)

Duplicate mailed to: (name and address of other air carrier, corporation or agent)

(Corporate seal)

• SOR/93-253, s. 2(F)
• SOR/96-335, ss. 89, 90

SCHEDULE XII(Section 135)Adoption Notice

(Corporate name and address of adopting carrier)	Adoption Notice CTA(A)
	No.
	Date

TO:
Secretary
Canadian Transportation Agency
Ottawa, Canada
K1A 0N9

ADOPTION OF TARIFF NO. CTA

(Insert corporate name of the adopting carrier) hereby adopts, ratifies and makes its own in every respect as if the same had been originally filed and posted by it, all tariffs, concurrences or other instruments whatever, including supplements or amendments filed with the Canadian Transportation Agency by, or heretofor adopted by, (insert corporate name of the adopted air carrier) prior to (date).

(Signature, name and title of authorized officer or agent)

Duplicate mailed to: (name and address of adopted air carrier or agent)

• SOR/93-253, s. 2(F)
• SOR/96-335, ss. 89, 90

SCHEDULE XIII(Section 138)Filing Advice

(Corporate name and address of air carrier or name and address of agent)	Filing Advice No.
	CTA(A) GS No.
	(number consecutively)
	Date

TO:

Secretary

Canadian Transportation Agency

Ottawa, Canada

K1A 0N9

In compliance with the requirements of Part VI of the Air Transportation Regulations, I transmit herewith, for filing with the Agency, ONE copy of the undernoted service schedules.

CTA(A)GS Number	Number of Pages	Effective Date	Description of Route by Schedule
(Additional sheets may be attached if necessary)

I hereby certify that one copy of the service schedules noted above has been forwarded on this date to the following connecting air carriers :

(Signature, name and title of authorized officer or agent, address of air carrier including facsimile and telephone numbers).

• SOR/93-253, s. 2