Canadian Computer Reservation Systems (CRS) Regulations (SOR/95-275)

Short Title

1 These Regulations may be cited as the Canadian Computer Reservation Systems (CRS) Regulations.

Interpretation

2 In these Regulations,

affiliate

affiliate means an entity, other than a charterer or a subscriber, that is owned by, controlled by or under common control with a carrier; (société affiliée)

air service

air service means a service for the transportation of passengers that is provided by means of an aircraft and that is publicly available; (service aérien)

availability

availability means information provided in a display with respect to the seats a carrier holds out as available for sale on a particular flight; (places disponibles)

carrier

carrier means an air carrier that provides an air service that is sold in Canada; (transporteur)

charter air service

charter air service means an air service that is made available by a carrier to a charterer and that excludes any other services not related to air transport; (service aérien affrété)

charterer

charterer means a travel organizer or wholesaler that has contracted with a carrier to charter all or part of the seating capacity of an aircraft and that makes that seating capacity publicly available for the transportation of passengers; (affréteur)

consumer

consumer[Repealed, SOR/2004-91, s. 1]

default display

default display means the display, selected by a subscriber, that appears automatically on the screen unless the subscriber has entered a request, specific to a transaction, for another display to appear; (affichage par défaut)

discriminate

discriminate, discrimination and discriminatory mean, respectively, to discriminate unjustly, unjust discrimination and unjustly discriminatory; (exercer une discrimination, discrimination and discriminatoire)

display

display means the presentation by a system of carrier schedules, fares, rules or availability to a subscriber by means of a video display terminal; (affichage)

distribution facilities

distribution facilities means facilities provided to subscribers by a system vendor for the provision of information about carrier schedules, fares, rules, availability and related services and for making reservations, issuing tickets or providing any other related services; (infrastructures de distribution)

edit

edit means to select and order air service options on the basis of service characteristics; (mettre en forme)

elapsed journey time

elapsed journey time means the time difference between the scheduled departure time from the point of origin and the scheduled arrival time at the point of destination in a given city-pair market; (durée totale du voyage)

fare

fare means the price to be paid for an air service and the terms and conditions under which that price applies; (tarif)

hosted carrier

hosted carrier means a carrier that has an agreement or arrangement with a system vendor for hosting services; (transporteur bénéficiaire)

hosting services

hosting services means services for the management of seat inventory, and ancillary computer services not directly related to displays, that are provided by a system vendor to a carrier in accordance with an agreement or arrangement; (services d’hébergement de données)

intermediary

intermediary means an organization that aggregates carrier information and data and transmits it to a system; (intermédiaire)

obligated carrier

obligated carrier[Repealed, SOR/2004-91, s. 1]

participating carrier

participating carrier means a carrier that has an agreement or arrangement with a system vendor for the display of its schedules, fares, rules or availability, or for the making of reservations or the issuing of tickets through a system; (transporteur participant)

service enhancement

service enhancement means any additional product or service related to air transportation that is offered by a system vendor to participating carriers and made available to subscribers in conjunction with a system, and may include access links providing last seat availability, seat selection and the issuing of boarding passes; (service supplémentaire)

subscriber

subscriber means a travel agent or other entity that holds itself out to the public as a source of information about the air service industry, that makes reservations or issues tickets for air services and that contracts with a system vendor to use a system; (abonné)

system

system means a computer reservation system that is offered by a system vendor to subscribers, that contains information about the schedules, fares, rules or availability of more than one carrier and that provides subscribers with the capability to make reservations or to issue tickets for air services; (système)

system owner

system owner[Repealed, SOR/2004-91, s. 1]

system vendor

system vendor means an entity that owns, controls, operates, markets or distributes a system; (serveur de système)

tourism product

tourism product means a pre-arranged combination of an air service and other services not related to air transportation that is offered for sale at an all-inclusive price. (produit de tourisme)

Application

3 These Regulations apply in respect of systems that are operated in Canada for the purpose of displaying or selling air services, irrespective of

• (a) the legal status or nationality of the system vendor;

• (b) the source of the information used or the location of the relevant data processing centre; and

• (c) where the air services are provided.

4 These Regulations do not apply in respect of systems that are used by a carrier and its affiliates or a charterer, in their own offices and at their own sales counters, or to carrier Internet websites.

5 Nothing in these Regulations exempts any person from the operation of the Competition Act or the Personal Information Protection and Electronic Documents Act.

6. to 8 [Repealed, SOR/2004-91, s. 3]

Display Information

• 9 (1) A system vendor shall ensure that all displays in a system respecting information provided by the participating carrier about the schedules, fares, rules or availability of that participating carrier meet the requirements of these Regulations.

• (2) A system vendor shall ensure that, except in response to requests for information limited to specific carriers, these displays are comprehensive, neutral and non-discriminatory.

• 10 (1) A system vendor shall construct and order the information in the displays referred to in section 9 in a manner that is applied consistently to all participating carriers and to all city-pair markets within each display.

• (2) In ordering the information in these displays, a system vendor shall not use any factor that relates, directly or indirectly, to carrier identity.

• (3) A system vendor shall, in constructing and ordering flights to or from a city with more than one airport, ensure that there will be no discrimination on the basis of airport served when that city is requested as the origin or destination.

• (4) A system vendor shall ensure that flights involving stops en route, changes of aircraft, carrier or airport or segments carried out by other modes of transportation are clearly identified.

• (5) Subject to subsection (6), a system vendor shall include charter air services in these displays and shall clearly indicate that they are charter air services.

• (6) Where more than one charterer is offering charter air service on the same flight in a city-pair market, a system vendor shall ensure that the service appears only once in these displays and that the charterers who are offering this service are clearly indicated.

• (7) A system vendor shall ensure that tourism products are not included in these displays.

• (8) A system vendor shall not create or maintain any function that automatically prefers one or more participating carriers over other participating carriers.

• (9) Where a system vendor chooses to display, for any city-pair market, information about the schedules or fares of non-participating carriers, the information shall be displayed in the same manner for all the non-participating carriers that the system vendor chooses to display.

• (10) A system vendor shall provide to any person, on request, the current criteria used in constructing and ordering flights for these displays and the weight given to each criterion.

• 11 (1) A system vendor shall allow a subscriber, from time to time and at no additional cost, to select one of the displays conforming with these Regulations to be the default display, and shall not override that selection.

• (2) A default display shall be at least as useful to subscribers, in terms of the basic functions or service enhancements offered and the ease with which those functions or service enhancements can be performed or implemented, as any other display offered by the system vendor.

• (3) For greater certainty, in response to a stated consumer preference, another display may be requested for each transaction without the default display appearing.

• (4) [Repealed, SOR/2004-91, s. 6]

12 Where a system vendor provides information limited to fares, the fares shall be displayed in a neutral and non-discriminatory manner and shall include at least the fares provided to the system vendor by the carrier or charterer for each class of service offered by that carrier or charterer for flights included in the displays.

• 13 (1) A system vendor shall not intentionally or negligently display incomplete, inaccurate or misleading information in its system.

• (2) Where a system vendor knows that a carrier has provided inaccurate or misleading information about its air services or about the identity of the carriers operating its air services, the system vendor shall inform the carriers and the subscribers.

• 14 (1) Every participating carrier shall ensure that the information that it has agreed to supply to a system vendor is accurate and non-misleading.

• (2) Every participating carrier shall ensure that flights involving stops en route, changes of aircraft, carrier or airport or segments carried out by other modes of transportation are clearly identified to the system vendor.

• (3) Where flights are operated by a carrier other than the carrier identified by the carrier designator code, the carrier whose designator code is being used shall ensure that the carrier operating the flight is, except in the case of short-term ad hoc arrangements, clearly indicated to the system vendor.

• (4) A charterer who provides information respecting charter air services to a system vendor shall provide the information in accordance with subsections (1) to (3).

• (5) A participating carrier or a charterer may provide information referred to in subsections (1) to (3) directly or through an intermediary acceptable to the participating carrier and system vendor.