Contents
- Her Excellency the Governor General in Council, on the rec…
- Short Title
- Interpretation
- Part I General
- Part II Domestic and International Licences and Reduction in Domestic Services
- Part III International Charters
- Part IV [Repealed, SOR/2019-176, s. 13]
- Part V Tariffs
- Part VI Service Schedules
- Part VII Terms and Conditions of Carriage of Persons
- Schedule I Certificate of Insurance (Sections 6 and 8)
- Schedule II
- Schedule III Public Notice (Section 14)
- Schedule IV Filing Advice (Section 114)
- Schedule V Specific Concurrence (Section 133)
- Schedule VI Limited Concurrence (Section 133)
- Schedule VII General Concurrence (Section 133)
- Schedule VIII Notice of Revocation (Section 133)
- Schedule IX Power of Attorney (Section 134)
- Schedule X Power of Attorney (Section 134)
- Schedule XI Revocation of Power of Attorney (Section 134)
- Schedule XII Adoption Notice (Section 135)
- Schedule XIII
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 102 of the National Transportation Act, 1987, is pleased hereby to approve the annexed Regulations respecting air transportation made by the National Transportation Agency.note
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ABC/ITC [Repealed, SOR/2019-176, s. 1]
ABC/ITC (domestic) [Repealed, SOR/96-335, s. 1]
accommodation means sleeping facilities provided on a commercial basis to the general public; (logement)
Act means the Canada Transportation Act; (Loi)
advance booking charter or ABC [Repealed, SOR/2019-176, s. 1]
advance booking charter (domestic) or ABC (domestic) [Repealed, SOR/96-335, s. 1]
air carrier means any person who operates a domestic service or an international service; (transporteur aérien)
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aircrew [Repealed, SOR/96-335, s. 1]
all-cargo aircraft means an aircraft that is equipped for the carriage of goods only; (aéronef tout-cargo)
back-to-back flights [Repealed, SOR/96-335, s. 1]
base [Repealed, SOR/96-335, s. 1]
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 [Repealed, SOR/2019-176, s. 1]
(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)
charter flight means a flight that originates in a foreign country and is destined to Canada or originates in Canada and is destined to another country and that is operated according to a charter contract or arrangement for one-way or round-trip transportation of passengers or goods; (vol affrété)
common purpose charter or CPC [Repealed, SOR/2019-176, s. 1]
common purpose charter (domestic) or CPC (domestic) [Repealed, SOR/96-335, s. 1]
courier service [Repealed, SOR/2019-176, s. 1]
CPC educational program [Repealed, SOR/2019-176, s. 1]
CPC event [Repealed, SOR/2019-176, s. 1]
door-to-door transportation [Repealed, SOR/2019-176, s. 1]
entity charter [Repealed, SOR/2019-176, s. 1]
fifth freedom [Repealed, SOR/2019-176, s. 1]
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 [Repealed, SOR/2019-176, s. 1]
goods means anything that can be transported by air, including animals; (marchandises)
goods charter means a charter flight that originates in a foreign country and is destined to Canada or originates in Canada and is destined to another country and that is operated according to a charter contract or arrangement to carry goods; (vol affrété de marchandises)
inclusive tour or tour [Repealed, SOR/2019-176, s. 1]
inclusive tour charter or ITC [Repealed, SOR/2019-176, s. 1]
inclusive tour charter (domestic) or ITC (domestic) [Repealed, SOR/96-335, s. 1]
inclusive tour price [Repealed, SOR/2019-176, s. 1]
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 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 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)
passenger [Repealed, SOR/2019-150, s. 37]
passenger foreign origin charter means a charter flight that originates in a foreign country and is destined to Canada and that is operated according to a charter contract or arrangement for the transportation of passengers; (vol affrété de passagers en provenance d’un pays étranger)
passenger non-resaleable charter means a charter flight that originates in Canada and is destined to another country, that is operated according to a charter contract or arrangement and that engages an aircraft on which the passenger seating capacity is not for resale to the public; (vol affrété de passagers non revendable)
passenger resaleable charter means a charter flight that originates in Canada and is destined to another country, that is operated according to a charter contract or arrangement and that engages an aircraft on which the passenger seating capacity is chartered for resale to the public; (vol affrété de passagers revendable)
permit [Repealed, SOR/2019-176, s. 1]
point [Repealed, SOR/96-335, s. 1]
price per seat [Repealed, SOR/2019-176, s. 1]
public liability [Repealed, SOR/2019-176, s. 1]
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 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 [Repealed, SOR/2019-176, s. 1]
third party 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 or air crew; and
(b)damage to property other than property in the air carrier’s charge; (responsabilité à l’égard des tiers)
toll [Repealed, SOR/2012-298, s. 1]
tour features [Repealed, SOR/2019-176, s. 1]
tour operator [Repealed, SOR/2019-176, s. 1]
transborder goods charter or TGC [Repealed, SOR/2019-176, s. 1]
transborder passenger charter or TPC [Repealed, SOR/2019-176, s. 1]
transborder passenger non-resaleable charter or TPNC [Repealed, SOR/2019-176, s. 1]
transborder United States charter or TUSC [Repealed, SOR/2019-176, s. 1]
transportation [Repealed, SOR/2019-176, s. 1]
United States charter carrier licensee [Repealed, SOR/2019-176, s. 1]
United States charterer [Repealed, SOR/2019-176, s. 1]
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)
note
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.note
2.2#
For the purposes of these Regulations, 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.note
Part I · General
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)[Repealed, SOR/2019-176, s. 2] (repealed)
(b)[Repealed, SOR/2019-176, s. 2] (repealed)
(c)[Repealed, SOR/2019-176, s. 2] (repealed)
(d)[Repealed, SOR/2019-176, s. 2] (repealed)
(e)[Repealed, SOR/2019-176, s. 2] (repealed)
(f)[Repealed, SOR/2019-176, s. 2] (repealed)
(g)[Repealed, SOR/2019-176, s. 2] (repealed)
(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)[Repealed, SOR/2019-176, s. 2] (repealed)
(m)hot air balloon services.
(n)[Repealed, SOR/2019-176, s. 2] (repealed)
(o)[Repealed, SOR/2019-176, s. 2] (repealed)
(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
(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 injuries sustained by passengers while on board the aircraft engaged in the service or while embarking or disembarking the aircraft or death of passengers in an amount that is not less than the amount determined by multiplying $595,000, adjusted in accordance with section 7.1, by the number of passenger seats on board the aircraft engaged in the service; and
(b)third party liability insurance in an amount that is not less than
(i)where the MCTOW of the aircraft engaged in the service is not greater than 3 402 kg, $1,985,000, adjusted in accordance with section 7.1,
(ii)where the MCTOW of the aircraft engaged in the service is greater than 3 402 kg but not greater than 8 165 kg, $3,970,000, adjusted in accordance with section 7.1, and
(iii)where the MCTOW of the aircraft engaged in the service is greater than 8 165 kg, an initial amount of $3,970,000, adjusted in accordance with section 7.1, plus an amount, determined by multiplying $655, adjusted in accordance with section 7.1, by the number of kilograms, rounded to the nearest whole number, by which the MCTOW of the aircraft exceeds 8 165 kg.
(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)[Repealed, SOR/2019-176, s. 3] (repealed)
(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).
7.1#
(1)The amount set out in paragraph 7(1)(a) by which the number of passenger seats on board the aircraft is multiplied is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:
(2)The amount of money set out in subparagraph 7(1)(b)(i) is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:
(3)The amount of money set out in subparagraph 7(1)(b)(ii) is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:
(4)The initial amount of money set out in subparagraph 7(1)(b)(iii) is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:
(5)The amount of money set out in subparagraph 7(1)(b)(iii) by which the number of kilograms of the MCTOW of the aircraft that exceeds 8 165 kg is multiplied is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded off to the nearest $5:
note
7.2#
For the purposes of section 7.1,
(a)a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;
(b)if at any time the Consumer Price Index for Canada is adjusted to reflect a new time basis, a corresponding adjustment is to be made in the Consumer Price Index for any 12-month period that is used for the purpose of calculating the amounts under section 7.1; and
(c)if at any time the Consumer Price Index for Canada is adjusted to reflect a new content basis, that adjustment does not affect the operation of section 7.1.
note
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)The financial requirements set out in subsection (2) do not apply to an applicant for a licence to operate an air service using medium aircraft if, at the date of issuance or reinstatement of the licence, the applicant operates one of the following air services:
(a)in the case of an application for a domestic licence, a service using medium or large aircraft under a scheduled or a non-scheduled international licence or large aircraft under a domestic licence; or
(b)in the case of an application for a scheduled or a non-scheduled international licence, a service using medium or large aircraft under a scheduled or a non-scheduled international licence or medium or large aircraft under a domestic licence.
(4)The financial requirements set out in subsection (2) do not apply to an applicant for a licence to operate an air service using large aircraft if, at the date of issuance or reinstatement of the licence, the applicant operates one of the following air services:
(a)in the case of an application for a domestic licence, a service using large aircraft under a scheduled or a non-scheduled international licence; or
(b)in the case of an application for a scheduled or a non-scheduled international licence, a service using large aircraft under a scheduled or a non-scheduled international licence or large aircraft under a domestic licence.
note
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 licensee and the person who provides all or part of an aircraft with flight crew shall apply to the Agency for the approval at least 15 business days before the date of the first proposed 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 permit 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 liability insurance covering injuries sustained by passengers and the death of passengers and third party liability insurance coverage for an air service for which another person provides all or part of an aircraft with flight crew, at least in the amount as determined under 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 and that policy must be primary and without right of contribution from any other insurance policy held by the licensee.
(5)Where the licensee is named as an additional insured under the policy of the person who is providing all or part of an aircraft with flight crew, there must be a written agreement between the licensee and the person to the effect that, for all flights for which the person provides all or part of an 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.
note
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)the proposed air service is a service between Canada and the United States and both the licensee and the person who is providing all or part of the aircraft with flight crew hold a licence to operate the proposed service;
(b)the proposed air service is an international service and 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 flight crew, provided by another person for a period of not more than one week, and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (2);
(c)the proposed air service is an international service to be provided through a commercial arrangement, including code-sharing, both the licensee and the person providing part or all of the aircraft with flight crew participate in the marketing of the service and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (3); or
(d)the proposed air service is a domestic service and the person who is providing all or part of the aircraft with flight crew holds a licence to operate the proposed service.
(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;
(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.
(3)The notification referred to in paragraph (1)(c) shall be given at least five business days before the date of the proposed flight or the first flight of a series of proposed flights and shall contain
(a)the name of the licensee;
(b)a description of the arrangement;
(c)in respect of the proposed air service,
(i)a statement that the appropriate licence, Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) are in effect and that the liability insurance coverage is available for inspection by the Agency on request, and
(ii)the name of the operator of the aircraft;
(d)the type of aircraft to be provided;
(e)the points to be served;
(f)the frequency of the service;
(g)the period covered by the proposed air service; and
(h)the reasons why the use of a commercial arrangement is necessary.
note
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).
note
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.
note
Part II · Domestic 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)[Repealed, SOR/2019-176, s. 8] (repealed)
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)[Repealed, SOR/2019-176, s. 9] (repealed)
International Service Exclusions
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.note
Licence Conditions
18#
(1)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.
(2)The condition set out in paragraph (1)(c) does not apply to advertising put on the exterior of the aircraft.
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.note
20#
Every licensee who holds a non-scheduled international licence is subject to the condition that they must not operate a passenger non-resaleable charter with a person who obtains payment for the transportation of passengers and goods at a toll per unit.note
Part III · International Charters
Division I — General Provisions
Operation of International Charters
21#
Subject to sections 28 and 29, an air carrier shall not operate an international charter unless the Agency has issued a charter permit to the air carrier, or the air carrier has been deemed to have been issued a charter permit, in respect of that charter.note
Powers of the Agency
23#
(1)The Agency may
(a)deny an application for a charter permit made under subsection 27(1) if the licensee does not meet the requirements set out in that subsection;
(b)deny an application for a charter permit made under section 34 if the licensee does not meet the requirements set out in subsections 34(1) to (7); and
(c)deny a request for a charter permit made under subsection 37(1) if the licensee does not meet the requirements set out in that subsection.
(2)If the operation of an international charter is contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the international charter is not operated in accordance with the information that the licensee submitted in order to operate the international charter or the licensee who operates the international charter contravenes subsection 74(2) of the Act with respect to the operation of that international charter,
(a)the Agency may cancel the charter permit that was issued for that international charter, and in the case of a charter permit issued under section 37, the Agency may refuse to issue any other charter permit under that section for a period not exceeding 12 months after the date of cancellation; and
(b)if this Division does not otherwise require the licensee who is operating the international charter to obtain prior approval, the Agency shall require, by notice in writing, the licensee to obtain a charter permit.
(3)If the operation of an international charter operated pursuant to a charter permit issued under section 37 is contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the international charter is not operated in accordance with the information that the licensee submitted in order to obtain a charter permit or the licensee who operates the international charter contravenes subsection 74(2) of the Act with respect to the operation of that international charter, the Agency shall require, by notice in writing, the licensee who is operating the international charter to apply for a charter permit in accordance with section 34 in which case the charter permit issued under section 37 is automatically cancelled.
(4)For the purposes of subsections (2) and (3), when determining whether the operation of an international charter is contrary to any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, international reciprocity in matters of air transportation shall be taken into consideration.
Carriage of Goods in Passenger Charters
24#
If a part of the bellyhold or main deck of an aircraft is not required for use pursuant to a charter contract or arrangement with respect to a passenger resaleable charter or passenger non-resaleable charter, a licensee 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 that is not required for use pursuant to the charter contract or arrangement;
(b)pursuant to another international charter contract or arrangement that is in respect of only that part of the bellyhold or main deck of the aircraft; or
(c)between the points served for the purpose of enplaning or deplaning passengers.
note
Unused Space on Aircraft
25#
A licensee may, on an aircraft that is to be used for a charter flight, utilize any unused space on the aircraft for the transport of the licensee’s own goods and personnel and the goods and personnel of another licensee if the licensee has the prior concurrence of the charterer.note
Charter Permit
26#
(1)A licensee that operates an international charter with aircraft having an MCTOW of 15 900 kg or less is deemed to have been issued a charter permit by the Agency for that purpose if the operation of the international charter is not contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party and the licensee does not contravene subsection 74(2) of the Act with respect to the operation of that international charter.
(2)For the purposes of subsection (1), when determining whether or not the operation of an international charter is contrary to any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, international reciprocity in matters of air transportation shall be taken into consideration.
27#
(1)If the Agency requires a licensee to obtain a charter permit under paragraph 23(2)(b) for an international charter, the licensee shall provide the Agency with a written application for a charter permit at least two working days before the date of the proposed flight or the first flight of a series of proposed flights that contains the following information:
(a)the name, postal address, email address and telephone number of each charterer;
(c)the dates and times of departure and arrival of each flight; and
(2)The Agency shall issue a charter permit to a licensee to operate the international charter if the licensee has met the requirement set out in subsection (1) and the licence issued to the licensee authorizes the operation of the proposed flight or the series of proposed flights.
Notice and Post Facto Reporting
28#
The following licensees that propose to operate an international charter with aircraft having an MCTOW greater than 15 900 kg do not have to obtain a charter permit in accordance with this Part if the proposed operation of the international charter would not be contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the licensee would not contravene subsection 74(2) of the Act with respect to the operation of that international charter and if they provide the Agency with a written notice before the date of the proposed charter flight or the first flight of a series of proposed charter flights that contains the information set out in paragraphs 27(1)(a) to (d):
(a)a licensee that proposes to operate a passenger non-resaleable charter that is destined to a country other than the United States;
(b)a licensee that proposes to operate a goods charter that originates in, or is destined to, a country other than the United States; and
(c)a licensee that proposes to operate a passenger foreign origin charter other than a passenger foreign origin charter that originates in the United States.
note
29#
A licensee that operates a passenger non-resaleable charter or a goods charter with aircraft having an MCTOW greater than 15 900 kg that is destined to, or originates in, the United States does not have to obtain a charter permit prior to operating the charter flight if the operation of the charter is not contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the licensee does not contravene subsection 74(2) of the Act with respect to the operation of that international charter and if, prior to the charter flight, they undertake to provide the Agency with a written report respecting the charter flights that were operated during the month in which the charter flight was operated within 30 days after the last day of that month and that contains the information set out in paragraphs 27(1)(a) to (d).note
30#
For the purposes of sections 28 and 29, when determining whether or not the operation of an international charter would be contrary or is contrary to any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, international reciprocity in matters of air transportation shall be taken into consideration.note
Evidence and Inspection
31#
(1)A licensee that operated a charter flight or series of charter flights shall keep evidence that the licensee operated the charter flight or series of charter flights in accordance with the information that they submitted in order to obtain the charter permit that was issued for that charter flight or those series of charter flights including
(a)in the case of a passenger resaleable charter, records respecting any advance payments received by the licensee; and
(b)flight coupons or equivalent information in another format.
(2)The licensee shall keep the evidence for a period of one year after the date of departure of the last charter flight authorized by each charter permit and make it available to the Agency during that period.
Commingling
32#
When a licensee operates a passenger non-resaleable charter that is destined to a country other than the United States, the licensee shall charter with no more than three charterers, of which one or more may be foreign-origin charterers.note
Flexible Return of Passengers
33#
If a charterer has one or more international charter contracts with a licensee, a passenger transported on an outbound portion under one international charter contract may be returned to the passenger’s point of origin under the same international charter contract or under any of the other international charter contracts between the charterer and the licensee.note
Division II — Passenger Resalable Charters
Charter Permit
34#
(1)A licensee that proposes to operate a passenger resaleable charter or series of passenger resaleable charters with aircraft having an MCTOW greater than 15 900 kg shall apply in writing to the Agency for a charter permit to operate the passenger resaleable charter or series of passenger resaleable charters as soon as possible after the licensee and the charterer have signed or amended the charter contract but not less than 15 days and not more than one year before the date of the proposed passenger resaleable charter or the date of the first of the series of proposed passenger resaleable charters.
(2)The application shall include
(a)a copy of every signed and dated charter contract and any amendments made to those contracts relating to the passenger resaleable charter or series of passenger resaleable charters;
(b)a financial guarantee respecting the passenger resaleable charter or series of passenger resaleable charters that is provided by a Canadian financial institution; and
(c)a signed and witnessed statement by each charterer that certifies that the charterer is in possession of
(i)a copy of the financial guarantee and any amendments made to the financial guarantee, and
(ii)if the financial guarantee is a letter of credit, the original of the letter of credit and any amendments made to the letter of credit.
(3)The charter contract referred to in subsection (1) shall specify
(a)the aircraft type and passenger seating capacity for each charter flight;
(b)the maximum number of seats allocated for passengers originating in Canada on each charter flight;
(c)every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter flight;
(d)the dates and times of departure and arrival at every point of each charter flight;
(e)the routing of each charter flight including technical stops, if any;
(f)the name, postal address, email address and telephone number of each charterer; and
(g)the total charter price to be paid by each charterer to the licensee and the amounts of the advance payments, and the dates on which the advance payments are to be made, on the page of the charter contract that bears the signatures of both the licensee and the charterer.
(4)The charter contract referred to in subsection (1) shall include a statement by the licensee and charterer on the page of the charter contract that bears the signatures of both the licensee and the charterer stating that
(a)the licensee will not accept any advance payment prior to the charterer having in its possession the original of a letter of credit and any amendments made to it or, in the case of any other financial guarantee, a copy of the financial guarantee and any amendments made to it; and
(b)the financial guarantee fully protects any advance payments that the licensee receives.
(5)The dates of advance payments specified in paragraph (3)(g) shall be at least seven days before the date of each charter and shall be in accordance with the licensee’s tariff in effect on the date that the charter contract is signed.
(6)Every financial guarantee referred to in paragraph (2)(b) shall specify that
(a)any amount to which a charterer is entitled, under the charter contract, for a passenger resaleable charter that is not performed, be fully and promptly refunded by the Canadian financial institution that provided the financial guarantee;
(b)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)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 passenger resaleable charter, either directly or through the appropriate travel agent or provincial authority;
(d)the financial guarantee may not be terminated or amended unless at least 45 days notice is given to the Agency by one of the parties to the financial guarantee; and
(e)the financial guarantee is to be governed and construed under the laws of the province named in the guarantee.
(7)The financial guarantee referred to in paragraph (2)(b) shall fully protect any advance payment in respect of the passenger resaleable charter or series of passenger resaleable charters from the time the advance payment is received by the licensee.
(8)Notwithstanding paragraph (6)(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 licensee files with the Agency an agreement that is signed by the parties to the financial guarantee and terminates or amends the financial guarantee on less than 45 days’ notice; and
(b)the advance payments received by the licensee will continue to be protected despite the termination or amendment.
35#
The Agency shall issue a charter permit to a licensee to operate a passenger resaleable charter or series of passenger resaleable charters if the licensee has met the requirements set out in subsections 34(1) to (7) and the licence issued to the licensee authorizes the operation of the flight or the series of flights.note
36#
(1)A licensee shall not operate a passenger resaleable charter or series of passenger resaleable charters that use aircraft having an MCTOW greater than 15 900 kg without meeting the following requirements unless they have a charter permit issued under section 37 that authorizes the licensee to operate the passenger resaleable charter or series of passenger resaleable charters:
(a)subject to subsection (2), notifies the Agency in writing of any amendment to the charter contract or arrangement after the issuance of the charter permit by submitting to the Agency a copy of the amended charter contract or arrangement at least three working days before the amendment takes effect and obtains an amended charter permit from the Agency;
(b)files without delay with the Agency any amendment to the financial guarantee; and
(c)notifies the Agency in writing of the cancellation of any charter flight set out in the charter contract or arrangement and specifies the number of the charter permit issued.
(2)Paragraph (1)(a) does not apply to a licensee if
(a)the licensee notifies the Agency in writing of any amendment to the charter contract or arrangement prior to the departure of the charter flight and the amendment
(i)relates to the aircraft type used and results in a decrease in or in no change to the passenger seating capacity of the aircraft used for the charter flight, or
(ii)relates to the date of the charter flight, if it will be operated not more than three days before or after the original date set out in the charter contract or arrangement; or
(b)the amendment to the charter contract or arrangement results in an increase in the passenger seating capacity of the aircraft used for the charter flight due to a change in the aircraft type used for the charter flight or due to any other change and the licensee submits to the Agency a copy of the amended charter contract or arrangement at least three working days before the amendment takes effect.
37#
(1)On request, the Agency shall issue a charter permit to a licensee, that is valid for a period of up to one year, to operate a passenger resaleable charter or series of passenger resaleable charters with aircraft having an MCTOW greater than 15 900 kg without the requirement to apply for a charter permit under section 34 if the licence issued to the licensee authorizes the operation of the flight or the series of flights and the licensee
(a)holds a financial guarantee that meets the requirements of subsections 34(6) and (7) and files a copy of the financial guarantee with the Agency;
(b)files with the Agency a signed and witnessed statement by each charterer that certifies that the charterer is in possession of
(i)a copy of the financial guarantee and any amendments made to the financial guarantee; and
(ii)if the financial guarantee is a letter of credit, the original of the letter of credit and any amendments made to the letter of credit;
(c)files with the Agency proof that verifiable monitoring, compliance and disclosure systems situated in Canada have been instituted to enable the licensee, during the period of validity of the charter permit, 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 shall not be modified in any way during the period of validity of the charter permit without the prior written approval of the Agency, which approval shall be given if the requirements set out in subparagraphs (1)(c)(i) and (ii) continue to be met.
(3)During the period of validity of the charter permit,
(a)the licensee shall include in every charter contract and arrangement that is in force during that period, the information and statement required under subsections 34(3) and (4) respectively;
(b)the licensee shall, in respect of a charter contract or arrangement referred to in paragraph (a), specify, on the page of the charter contract or arrangement that bears the signatures of both the licensee and the charterer, that a charter permit has been issued by the Agency and the period of the validity of the charter permit;
(c)the licensee shall provide each charterer with
(i)a copy of the financial guarantee and any amendments made to the financial guarantee in addition to signed documentation that establishes that the advance payments received by the licensee for each charter or series of charters are protected, or
(ii)if the financial guarantee is a letter of credit, the original of the letter of credit and any amendments made to the letter of credit;
(d)the provisions of subsection 34(8) and paragraph 36(1)(b) shall apply;
(e)the licensee shall file with the Agency a copy of all financial guarantees, other than the financial guarantees referred to in paragraph (1)(a), subsection 34(8) and paragraph 36(1)(b), prior to any advance payments being received from the charterer; and
(f)the licensee shall, upon filing with the Agency a copy of a financial guarantee pursuant to paragraph (e), 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.
note
38#
The licensee shall submit to the Agency in writing, within 30 days after the end of each month, a report respecting the passenger resaleable charter or series of passenger resaleable charters that were operated during the previous month with aircraft having an MCTOW greater than 15 900 kg pursuant to a charter permit that was issued under section 37 that sets out
(a)the aircraft type and number of available seats for each charter flight;
(b)every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter flight;
(c)the dates of departure and arrival of each charter flight; and
(d)for each charter flight, the number of Canadian-origin passengers and the number of foreign-origin passengers.
note
Part IV · [Repealed, SOR/2019-176, s. 13]
Part V · Tariffs
Interpretation
104#
In this Part,
commodity toll means a rate or charge applicable to goods specifically named in the tariff; (taxe spécifique)
joint tariff means a tariff that applies to traffic carried by two or more air carriers; (tarif pluritransporteur)
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 means a tariff containing the local tolls of the air carrier named therein; (tarif unitransporteur)
local toll means a toll that applies to traffic between points served by one air carrier; (taxe unitransporteur)
through toll means the aggregate toll from a point of origin to a point of destination. (taxe totale)
note
Division I — Domestic
Application
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.note
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;
(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;
(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)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;
(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] (repealed)
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.note
Division II — International
Application
108#
This Division applies to any air carrier that operates an international service other than an air carrier that operates a non-scheduled international service that transports traffic originating entirely in a foreign country.note
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).
note
113.1#
(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, if it receives a written complaint, direct the air carrier 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 that are applicable to the service it offers and that were set out in the tariff.
(3)The Agency may make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b) of the Act, to the extent that it considers appropriate.
note
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.
note
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)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
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.note
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.
note
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
Manner of Tariff Filing
120#
(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.
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;
(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
note
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
Reference to Orders
Disallowance
127#
(1)[Repealed, SOR/96-335, s. 67] (repealed)
(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.
note
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.
note
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)If the Agency rescinds an order of suspension or disallowance, the issuing air carrier or its agent may file a tariff or portion of a tariff that puts into effect the suspended or disallowed tariff provision and cancels any provision restored in consequence of that order, 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] (repealed)
note
Changes in Tariffs
Terms and Conditions of Tariffs
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.
note
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 of the concurrence indicated in the certificate prepared 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] (repealed)
Part VI · Service Schedules
Application
136#
This Part applies in respect of any scheduled international service operated by an air carrier.note
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.
note
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).note
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] (repealed)
(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)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.
note
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.note
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.
note
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.
note
Part VII · Terms and Conditions of Carriage of Persons
Interpretation
145#
In this Part,
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 means a seat on board an aircraft that is ordinarily occupied by a passenger; (siège passager)
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)
note
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, other than any air carrier that is subject to Part 2 of the Accessible Transportation for Persons with Disabilities Regulations.
(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;
(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
(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
(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
(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.note
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.
note
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).
note
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.note
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
(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
(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.note
Schedule I · Certificate of Insurance (Sections 6 and 8)
Insurance Covering Air Carrier Liability to Passengers and Third Party Liability1 This is to certify that (insurer)(Name, address and participation percentages of insurer or insurers)has/have issued the policies listed in this certificate covering risks of liability to passengers and third party liability to (air carrier)(Name and address of air carrier)effective from (day) (month) (year)to (day) (month) (year).2 The insurer has assumed, under the policies listed in this certificate, liability insurance covering risks of injury to or death of passengers and insurance covering risks of third party liability in accordance with the requirements of section 7 of the Air Transportation Regulations.3 The air carrier has been insured against the risks described in section 2 for each incident or accident related to the operation of a (a domestic, an international, or domestic and international) service in the following amounts:Type of Liability | Amount | Policy No.Passenger | | Third Party | | Single limit coverage | | 4 The policies listed in this certificate insure (fill in the appropriate service in either (a) or (b)):(a) all aircraft operated by the air carrier in (domestic, international, or domestic and international) services; or(b) (domestic, international, or domestic and international) services operated by the air carrier with the following aircraft:Registration Marking | | Type and Model | | | | | | | | 5 The Insurer undertakes to notify the Secretary of the Canadian Transportation Agency forthwith in writing when(a) the air carrier’s coverage has been cancelled or is intended to be cancelled;(b) the air carrier’s coverage has been altered or is intended to be altered in a manner that results in the failure by the air carrier to comply with section 7 of the Air Transportation Regulations; or(c) the air carrier’s operations have been changed or are intended to be changed in a manner that results in the failure by the air carrier to comply with section 7 of the Air Transportation Regulations.6 The insurer (check (a) or (b))(a) is registered and/or licensed in Canada to issue aircraft insurance policies; or(b) is licensed or approved by a foreign government to issue aircraft insurance policies.Date | | On behalf of the insurer: | | | | | | | | (Signature, name and title of authorized person or agent)FILING DIRECTIONS:(1) An original of this certificate and any notification made pursuant to section 5 are to be filed with the Secretary, Canadian Transportation Agency, Ottawa, Ontario, Canada K1A 0N9.(2) An air carrier may file a certificate that contains one or more of the three conditions and the table set out in the attachment hereto.ATTACHMENTNAME OF AIR CARRIER: The Air Carrier has been insured against the risks described in section 2 under Policy no. , which is issued on one or more of the following conditions:(a) the aircraft are as described, and are insured for the amounts shown, in the table below;(b) the number of passengers carried does not exceed the number of passenger seats insured for each aircraft as shown in the table below; and(c) the aircraft will be used for the following purposes:Registration Marking | Type & Model | No. of Passenger Seats Insured | Amount of Passenger Liability | Amount of Third Party Liability
Schedule II
Schedule III · Public Notice (Section 14)
Discontinuance or Reduction of a Domestic ServiceOn this day of , 20, notice is hereby given that (name and address of licensee) proposes to(a) discontinue its domestic service authorized by Licence No. and provided at ;(b) discontinue its year-round non-stop scheduled air service authorized by Licence No. between and ; or(c) reduce the frequency of its domestic service authorized by Licence No. and provided at to less than one flight per week,commencing days after the date of this notice.
Schedule IV · Filing Advice (Section 114)
(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)
Schedule V · Specific Concurrence (Section 133)
(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.
Schedule VI · Limited Concurrence (Section 133)
(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.
Schedule VII · General Concurrence (Section 133)
(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.
Schedule VIII · Notice of Revocation (Section 133)
(Corporate name and address of air carrier) | | REVOCATION OFCTA(A) SC No. , orCTA(A) LC No. , orCTA(A) GC No.in Tariff CTA(A) No. | | DateTO: | 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)
Schedule IX · Power of Attorney (Section 134)
(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:SecretaryCanadian Transportation AgencyOttawa, OntarioCanada K1A 0N9I/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)
Schedule X · Power of Attorney (Section 134)
(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:SecretaryCanadian Transportation AgencyOttawa, OntarioCanada K1A 0N9I/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)
Schedule XI · Revocation of Power of Attorney (Section 134)
(Corporate name and address of air carrier) | CTA(A) PA No. | DateTO:SecretaryCanadian Transportation AgencyOttawa, CanadaK1A 0N9REVOCATION 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)
Schedule XII · Adoption Notice (Section 135)
(Corporate name and address of adopting carrier) | Adoption Notice CTA(A)No. | DateTO: | 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)
Schedule XIII
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.