Transportation Information Regulations

3 (1) The definitions in this section apply in this Part.

air carrier

air carrier means a Canadian air carrier or foreign air carrier. (transporteur aérien)

Canadian air carrier

Canadian air carrier means the holder of an air operator certificate issued under Subpart 3, 4 or 5 of Part VII of the Canadian Aviation Regulations. (transporteur aérien canadien)

charter service

charter service means the transportation of passengers or cargo by aircraft pursuant to a contract under which a person, other than the air carrier that operates the air service, reserves a block of seats or part of the cargo space of an aircraft for the person’s use or for resale to the public. (service d’affrètement)

foreign air carrier

foreign air carrier means the holder of an air operator certificate issued under Subpart 1 of Part VII of the Canadian Aviation Regulations. (transporteur aérien étranger)

general aviation

general aviation means the operation of an aircraft for purposes other than publicly available passenger or cargo transport for remuneration, and includes business aviation, aerial work, instructional flying and air ambulance services. (aviation générale)

general aviation operator

general aviation operator means any entity that engages in general aviation, and includes a corporation, a government entity as defined in subsection 211(1) of the Excise Act, 2001 and a foreign government. (exploitant de l’aviation générale)

large air carrier

large air carrier means an air carrier that operates a charter service or a scheduled service that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years. (grand transporteur aérien)

level I air carrier

level I air carrier means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported at least 2,000,000 revenue passengers or at least 400 000 tonnes of cargo. (transporteur aérien de niveau I)

level II air carrier

level II air carrier means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported

• (a) at least 100,000 but fewer than 2,000,000 revenue passengers; or

• (b) at least 50 000 but less than 400 000 tonnes of cargo. (transporteur aérien de niveau II)

level III air carrier

level III air carrier means a Canadian air carrier that

• (a) is not a level I air carrier or level II air carrier; and

• (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of at least $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau III)

level IV air carrier

level IV air carrier means a Canadian air carrier that

• (a) is not a level I air carrier, level II air carrier or level III air carrier; and

• (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of less than $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau IV)

level V air carrier

level V air carrier[Repealed, SOR/2013-196, s. 5]

level VI air carrier

level VI air carrier[Repealed, SOR/2013-196, s. 5]

local air carrier

local air carrier[Repealed, SOR/2013-196, s. 5]

non-revenue passenger

non-revenue passenger means

• (a) a passenger travelling for free or at a fare available only to persons who are employees or agents of an air carrier or are travelling on the business of an air carrier; and

• (b) a person, such as an infant, who does not occupy a seat. (passager non payant)

regional air carrier

regional air carrier[Repealed, SOR/2013-196, s. 5]

revenue passenger

revenue passenger means a passenger who is not a non-revenue passenger and for whose transportation an air carrier receives remuneration, and includes a passenger travelling with a ticket

• (a) purchased under a publicly available promotional offer;

• (b) purchased through a loyalty program or through the redemption of loyalty points or miles;

• (c) purchased with a corporate discount or at a preferential fare; or

• (d) obtained as compensation for denied boarding. (passager payant)

scheduled service

scheduled service means the transportation of passengers or cargo by an aircraft provided by an air carrier that operates the air service and that, directly or indirectly, sells some or all of its seats or part or all of its cargo space to the public on a price per seat, price per unit of mass or price per volume of cargo basis. (service régulier)

small air carrier

small air carrier means an air carrier other than a large air carrier that operates a charter service or a scheduled service with at least one aircraft equipped for the carriage of passengers with a certificated maximum carrying capacity of 70 passengers or more. (petit transporteur aérien)

unit toll service

unit toll service[Repealed, SOR/2013-196, s. 5]

(2) For the purposes of the definitions level I air carrier, level II air carrier, level III air carrier and level IV air carrier in subsection (1), a Canadian air carrier that is in its first year of operation is considered to have

• (a) if it is created as the result of the reorganization or restructuring of another air carrier, the same characteristics as the other air carrier; and

• (b) in any other case, the characteristics that the Minister, in consultation with Statistics Canada, determines are appropriate based on the model and the number of its aircraft, the type of licence and the type of air operator certificate that it holds, the number of its employees and the countries to which it is designated to fly.

(3) For the purposes of the definition large air carrier, the number of passengers transported includes passengers transported on flights operated by a regional operator on the air carrier’s behalf.

(4) For the purposes of the definition small air carrier, aircraft that are used solely for charter services are not included if the block of seats of the aircraft that is reserved is not resold to the public.