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Air Transportation Regulations (SOR/88-58)

Regulations are current to 2021-06-03 and last amended on 2020-06-25. Previous Versions

PART VTariffs (continued)

DIVISION IIInternational (continued)

Filing Time

  •  (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) if the tariff or amendment is filed at least one working day before it comes into force to publish tolls for an additional aircraft to be used in, or to cancel tolls respecting an aircraft to be withdrawn from, a non-scheduled international service, other than a service that is operated at a toll per unit of traffic; or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

  •  (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.

  • SOR/96-335, s. 61(F)
  • SOR/2009-28, s. 2

Display of Terms and Conditions on Internet Sites

 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.

  • SOR/2009-28, s. 3

Unit Tolls

 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.

  • SOR/96-335, s. 62

Charter Tolls

  •  (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.

  • SOR/96-335, s. 63

Currency

 All tolls shall be expressed in Canadian currency and may also be expressed in terms of currencies other than Canadian.

Manner of Tariff Filing

  •  (1) Tariffs may be filed with the Agency in paper or electronic form.

  • (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.

 [Repealed, SOR/96-335, s. 64]

Contents of Tariffs

 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;

  • (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) the carriage of children,

    • (iii) unaccompanied minors, including those who are travelling under the carrier’s supervision,

    • (iv) the assignment of seats to children who are under the age of 14 years,

    • (v) failure to operate the service or failure to operate the air service according to schedule,

    • (vi) flight delay,

    • (vii) flight cancellation,

    • (viii) delay on the tarmac,

    • (ix) denial of boarding,

    • (x) the re-routing of passengers,

    • (xi) whether the carrier is bound by the obligations of a large carrier or the obligations of a small carrier that are set out in the Air Passenger Protection Regulations,

    • (xii) 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,

    • (xiii) ticket reservation, cancellation, confirmation, validity and loss,

    • (xiv) refusal to transport passengers or goods,

    • (xv) method of calculation of charges not specifically set out in the tariff,

    • (xvi) the carriage of baggage including the loss, delay or damaging of baggage,

    • (xvii) the transportation of musical instruments,

    • (xviii) limits of liability respecting passengers and goods,

    • (xix) exclusions from liability respecting passengers and goods,

    • (xx) procedures to be followed, and time limitations, respecting claims, and

    • (xxi) any other terms and conditions deemed under subsection 86.11(4) of the Act to be included in the tariff; and

  • (d) a policy respecting the refusal to transport a person who is less than five years old unless that person is accompanied by their parent or a person who is at least 16 years old.

 [Repealed, SOR/96-335, s. 65]

Supplements

  •  (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.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 66

Symbols

 All abbreviations, notes, reference marks, symbols and technical terms shall be defined at the beginning of the tariff.

  • SOR/96-335, s. 66
  • SOR/2017-19, s. 9(E)

Reference to Orders

 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.

 
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