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

Act current to 2018-07-05 and last amended on 2018-06-27. Previous Versions

Marginal note:Applying decision to other passengers

 The Agency may, to the extent that it considers it appropriate, make applicable to some or to all passengers of the same flight as the complainant all or part of its 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).

  • 2018, c. 10, s. 17.
Marginal note:Non-application of fares, etc.
  •  (1) Sections 66 to 67.2 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential.

  • Marginal note:Non-application of terms and conditions

    (1.1) Sections 66 to 67.2 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees.

  • Marginal note:Provisions regarding exclusive use of services

    (2) The parties to the contract shall not include in it provisions with respect to the exclusive use by the other person of a domestic service operated by the holder of the domestic licence between two points in accordance with a published timetable or on a regular basis, unless the contract is for all or a significant portion of the capacity of a flight or a series of flights.

  • Marginal note:Retention of contract required

    (3) The holder of a domestic licence who is a party to the contract shall retain a copy of it for a period of not less than three years after it has ceased to have effect and, on request made within that period, shall provide a copy of it to the Agency.

  • 1996, c. 10, s. 68;
  • 2000, c. 15, s. 7;
  • 2007, c. 19, s. 23.

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.

 
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