Air Transportation Regulations

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.