Air Transportation Regulations (SOR/88-58)

Regulations are current to 2017-11-20 and last amended on 2017-02-13. Previous Versions

Air Transportation Regulations

SOR/88-58

CANADA TRANSPORTATION ACT

Registration 1987-12-31

Regulations Respecting Air Transportation

P.C. 1987-2724 1987-12-31

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 102 of the National Transportation Act, 1987Footnote *, is pleased hereby to approve the annexed Regulations respecting air transportation made by the National Transportation Agency.

Short Title

 These Regulations may be cited as the Air Transportation Regulations.

Interpretation

 In these Regulations and Part II of the Act,

ABC/ITC

ABC/ITC means a passenger charter flight on which both advance booking passengers and inclusive tour participants are carried and that is operated pursuant to Division IV of Part III; (VARA/VAFO)

ABC/ITC (domestic)

ABC/ITC (domestic) [Repealed, SOR/96-335, s. 1]

accommodation

accommodation means sleeping facilities provided on a commercial basis to the general public; (logement)

Act

Act means the Canada Transportation Act; (Loi)

advance booking charter

advance booking charter or ABC means a round-trip passenger flight originating in Canada that is operated according to the conditions of a contract entered into between one or two air carriers and one or more charterers that requires the charterer or charterers to charter the entire passenger seating capacity of an aircraft for resale by them to the public, at a price per seat, not later than a specified number of days prior to the date of departure of the flight from its origin in Canada; (vol affrété avec réservation anticipée ou VARA)

advance booking charter (domestic)

advance booking charter (domestic) or ABC (domestic) [Repealed, SOR/96-335, s. 1]

air carrier

air carrier means any person who operates a domestic service or an international service; (transporteur aérien)

air crew

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

aircrew [Repealed, SOR/96-335, s. 1]

all-cargo aircraft

all-cargo aircraft means an aircraft that is equipped for the carriage of goods only; (aéronef tout-cargo)

back-to-back flights

back-to-back flights [Repealed, SOR/96-335, s. 1]

base

base [Repealed, SOR/96-335, s. 1]

business office

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

Canadian charter carrier licensee means a person who is a Canadian and holds a non-scheduled international licence that is valid for charters; (transporteur fréteur licencié du Canada)

certificated maximum carrying capacity

certificated maximum carrying capacity means

  • (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)

common purpose charter

common purpose charter or CPC means a round-trip passenger flight originating in Canada that is operated according to the conditions of a contract entered into between one or two air carriers and one or more charterers that requires the charterer or charterers to charter the entire passenger seating capacity of an aircraft to provide transportation at a price per seat to passengers

  • (a) travelling to and from a CPC event, or

  • (b) participating in a CPC educational program; (vol affrété à but commun ou VABC)

common purpose charter (domestic)

common purpose charter (domestic) or CPC (domestic) [Repealed, SOR/96-335, s. 1]

courier service

courier service means an enterprise engaged in the door-to-door transportation of consignments for overnight or earlier delivery; (service de messageries)

CPC educational program

CPC educational program means a program for educational purposes organized for the exclusive benefit of full-time elementary or secondary school students, or both; (programme éducatif VABC)

CPC event

CPC event means a presentation, performance, exhibition, competition, gathering or activity that

  • (a) is of apparent significance unrelated to the general interest inherent in travel, and

  • (b) is not being created or organized for the primary purpose of generating charter air traffic; (événement VABC)

door-to-door transportation

door-to-door transportation means the carriage of consignments between points of pick-up and points of delivery determined by the consignor, the consignee or both, including the surface transportation portion; (transport de porte-à-porte)

entity charter

entity charter means a flight operated according to the conditions of a charter contract under which

  • (a) the cost of transportation of passengers or goods is paid by one person, corporation or organization without any contribution, direct or indirect, from any other person, and

  • (b) no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation; (vol affrété sans participation)

fifth freedom

fifth freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of embarking or disembarking in Canada passengers or goods destined for, or coming from, the territory of a country other than that of the non-Canadian air carrier; (cinquième liberté)

flight crew

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

fourth freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of embarking in Canada passengers or goods destined for the territory of the country of the non-Canadian air carrier and includes the privilege of disembarking such passengers in Canada on return from that territory; (quatrième liberté)

goods

goods means anything that can be transported by air, including animals; (marchandises)

inclusive tour

inclusive tour or tour means a round or circle trip performed in whole or in part by aircraft for an inclusive tour price for the period from the time of departure of the participants from the starting point of the journey to the time of their return to that point; (voyage à forfait)

inclusive tour charter

inclusive tour charter or ITC means a passenger flight operated according to the conditions of a contract entered into between an air carrier and one or more tour operators that requires the tour operator or tour operators to charter the entire passenger seating capacity of an aircraft for resale by them to the public at an inclusive tour price per seat; (vol affrété pour voyage à forfait ou VAFO)

inclusive tour charter (domestic)

inclusive tour charter (domestic) or ITC (domestic)[Repealed, SOR/96-335, s. 1]

inclusive tour price

inclusive tour price includes, for a participant in an inclusive tour, charges for transportation, accommodation and, where applicable, tour features; (prix de voyage à forfait)

large aircraft

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

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

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)

mile

mile means a statute mile unless a nautical mile is specified; (mille)

passenger

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; (passager)

permit

permit means a document issued or deemed to be issued by the Agency authorizing an air carrier holding a non-scheduled international licence, valid for the proposed flight or series of flights, to operate a charter flight or series of charter flights; (permis)

point

point [Repealed, SOR/96-335, s. 1]

price per seat

price per seat means the amount, expressed in Canadian dollars, by the payment of which round-trip air transportation may be purchased from a charterer or the charterer’s agent for a passenger on an ABC or CPC; (prix par place)

public liability

public 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, air crew or employees, and

  • (b) damage to property other than property in the air carrier’s charge; (responsabilité civile)

Secretary

Secretary means the Secretary of the Agency; (secrétaire)

small aircraft

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

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

third freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of disembarking in Canada passengers who, or goods that, originated in the territory of the country of the non-Canadian air carrier and includes the privilege of re-embarking such passengers in Canada for the purpose of returning them to that territory; (troisième liberté)

toll

toll[Repealed, SOR/2012-298, s. 1]

tour features

tour features means all goods, services, facilities and benefits, other than accommodation and transportation, that are included in an ITC program at the inclusive tour price or made available to tour participants as optional extras at an additional charge; (particularités du voyage)

tour operator

tour operator means a charterer with whom an air carrier has contracted to charter an aircraft in whole or in part for the purpose of operating an inclusive tour; (voyagiste)

traffic

traffic means any persons or goods that are transported by air; (trafic)

transborder goods charter

transborder goods charter or TGC means a one-way or return charter that originates in Canada and that is operated between Canada and the United States according to the conditions of a charter contract to carry goods, entered into between one or two air carriers and one or more charterers, under which the charterer or charterers charter the entire payload capacity of an aircraft; (vol affrété transfrontalier de marchandises or VAM)

transborder passenger charter

transborder passenger charter or TPC means a one-way or return charter that originates in Canada and that is operated between Canada and the United States according to the conditions of a charter contract to carry passengers, entered into between one or two air carriers and one or more charterers, under which the charterer or charterers charter the entire passenger seating capacity of an aircraft, for resale by the charterer or charterers; (vol affrété transfrontalier de passagers or VAP)

transborder passenger non-resaleable charter

transborder passenger non-resaleable charter or TPNC means a one-way or return charter that originates in Canada and that is operated between Canada and the United States according to the conditions of a charter contract to carry passengers, entered into between one or two air carriers and one or more charterers, under which the charterer or charterers charter the entire passenger seating capacity of an aircraft and do not resell that passenger seating capacity; (vol affrété transfrontalier de passagers non revendable or VAPNOR)

transborder United States charter

transborder United States charter or TUSC means a charter originating in the United States that is destined for Canada; (vol affrété transfontalier des États-Unis or VAEU)

transportation

transportation, in respect of an inclusive tour charter, means transportation by air or any other mode

  • (a) between all points in the tour itinerary, and

  • (b) between airports or land terminals and the location where accommodation is provided at any point in the tour itinerary, other than the point of origin; (transport)

United States charter carrier licensee

United States charter carrier licensee means a person who is a citizen of the United States, as defined in Part 204 of the Federal Aviation Regulations, published by the Government of the United States, and who holds a non-scheduled international licence that is valid for charters between Canada and the United States; (transporteur fréteur licencié des États-Unis)

United States charterer

United States charterer means a person who has entered into an arrangement with an air carrier to provide charter air transportation originating in the United States; (affréteur des États-Unis)

working day

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)

  • SOR/90-740, s. 1;
  • SOR/93-253, s. 2;
  • SOR/94-379, s. 4;
  • SOR/96-335, s. 1;
  • SOR/2012-298, s. 1.
 
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