Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2016-06-21 and last amended on 2016-06-18. Previous Versions

Licence for Scheduled International Service

Marginal note:Issue of licence
  •  (1) On application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a scheduled international service to the applicant if

    • (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant

      • (i) is, pursuant to subsection (2) or (3), eligible to hold the licence,

      • (ii) holds a Canadian aviation document in respect of the service to be provided under the licence,

      • (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and

      • (iv) where the applicant is a Canadian, meets the prescribed financial requirements; and

    • (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months.

  • Marginal note:Eligibility of Canadians

    (2) The Minister may, in writing, designate any Canadian as eligible to hold a scheduled international licence. That Canadian remains eligible while the designation remains in force.

  • Marginal note:Eligibility of non-Canadians

    (3) A non-Canadian is eligible to hold a scheduled international licence if the non-Canadian

    • (a) has been designated by a foreign government or an agent of a foreign government to operate an air service under the terms of an agreement or arrangement between that government and the Government of Canada; and

    • (b) holds, in respect of the air service, a document issued by a foreign government or agent that, in respect of the service to be provided under the document, is equivalent to a scheduled international licence.

  • 1996, c. 10, s. 69;
  • 2013, c. 31, s. 6.
Marginal note:Determination of scheduled international service

 The Minister may, in writing to the Agency,

  • (a) determine that an international service is a scheduled international service; or

  • (b) withdraw a determination made under paragraph (a).

Marginal note:Terms and conditions of scheduled international licence
  •  (1) Subject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems to be consistent with the agreement, convention or arrangement pursuant to which the licence is being issued, including terms and conditions respecting routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.

  • Marginal note:Compliance with terms and conditions

    (2) The holder of a scheduled international licence shall comply with every term and condition to which the licence is subject.

Marginal note:Mandatory suspension or cancellation
  •  (1) The Agency shall suspend or cancel a scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of subparagraphs 69(1)(a)(i) to (iii).

  • Marginal note:Discretionary suspension or cancellation

    (2) The Agency may suspend or cancel a scheduled international licence

    • (a) where the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than subparagraphs 69(1)(a)(i) to (iii); or

    • (b) in accordance with a request from the licensee for the suspension or cancellation.

  • Marginal note:Reinstatement condition

    (3) The Agency shall not reinstate the scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.

Licence for Non-scheduled International Service

Marginal note:Issue of licence
  •  (1) Subject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a non-scheduled international service to the applicant if

    • (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant

      • (i) is a Canadian,

      • (ii) holds a Canadian aviation document in respect of the service to be provided under the licence,

      • (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and

      • (iv) meets prescribed financial requirements; and

    • (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months.

  • Marginal note:Non-Canadian applicant

    (2) Subject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency may issue a non-scheduled international licence to a non-Canadian applicant if the applicant establishes in the application to the satisfaction of the Agency that the applicant

    • (a) holds a document issued by the government of the applicant’s state or an agent of that government that, in respect of the service to be provided under the document, is equivalent to the non-scheduled international licence for which the application is being made; and

    • (b) meets the requirements of subparagraphs (1)(a)(ii) and (iii) and paragraph (1)(b).

Marginal note:Terms and conditions of non-scheduled international licence
  •  (1) Subject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a non-scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems appropriate, including terms and conditions respecting points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act, carriage of goods.

  • Marginal note:Compliance with terms and conditions

    (2) The holder of a non-scheduled international licence shall comply with every term and condition to which the licence is subject.

Marginal note:Mandatory suspension or cancellation
  •  (1) The Agency shall suspend or cancel a non-scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of

    • (a) in respect of a Canadian licensee, subparagraphs 73(1)(a)(i) to (iii); and

    • (b) in respect of a non-Canadian licensee, subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a).

  • Marginal note:Discretionary suspension or cancellation

    (2) The Agency may suspend or cancel a non-scheduled international licence

    • (a) where the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than the provisions referred to in paragraphs (1)(a) and (b); or

    • (b) in accordance with a request from the licensee for the suspension or cancellation.

  • Marginal note:Reinstatement condition

    (3) The Agency shall not reinstate the non-scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.

Issuance of International Charter Permits

Marginal note:Issuance, amendment and cancellation of permits

 The issuance of a permit for the operation of an international charter to a licensee and the amendment or cancellation of the permit shall be made in accordance with regulations made under paragraph 86(1)(e).

  • 2007, c. 19, s. 24.
 
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