Air Transportation Regulations (SOR/88-58)

Regulations are current to 2017-10-13 and last amended on 2017-02-13. Previous Versions

 The operation of an ITC is subject to the following conditions:

  • (a) where the passenger seating capacity of an aircraft to be operated in the ITC is less than 40 seats, the air carrier shall charter the entire passenger seating capacity of the aircraft to one tour operator;

  • (b) where the passenger seating capacity of an aircraft to be operated in the ITC is 40 seats or greater, the air carrier shall charter the entire seating capacity of the aircraft, of which not less than 20 seats shall be chartered to each tour operator;

  • (c) subject to paragraphs 43(3)(g) and (h), where more than one inclusive tour is operated as part of a series of flights under one contract referred to in subparagraph 43(2.1)(b)(i) or under any other contract with an air carrier, a tour participant transported on an ongoing portion of an inclusive tour under the contract may be returned on any return portion of an inclusive tour operated as part of the same series under the contract;

  • (d) every contract in respect of the ITC shall include conditions requiring that

    • (i) where tour participants are to be returned to Canada by air, each intended participant in the ITC make a firm reservation for the return ITC transportation of that participant when making a reservation for the outbound portion of the ITC, and

    • (ii) no change in a reservation for an air portion of an ITC be made after departure of the ITC from its point of origin;

  • (e) no ITC on which a single aircraft is used may serve more than three points of origin and three points of destination, except that any number of points of destination may be served where all participants in the ITC visit each destination in turn;

  • (f) the air carrier shall not pay directly or indirectly any commission to, or confer any benefit on, a tour operator or any other person;

  • (g) the charter price charged to the charterer shall be in accordance with the air carrier’s applicable tariff on file with the Agency and in effect on the date the charter contract is signed;

  • (h) the total amount paid for air transportation by the tour operator shall not be other than the charter price calculated in accordance with the tariff referred to in paragraph (g);

  • (i) the air carrier shall, on request, furnish the Agency with such other information relating to the inclusive tour as may be required;

  • (j) the air carrier shall not act directly or indirectly as a tour operator and shall not advertise or participate in any way in the promotion of any inclusive tour;

  • (k) prior arrangements for suitable aircraft arrival and departure times shall be made by the air carrier with the appropriate authorities of the airport to be used; and

  • (l) where a program permit has been issued in respect of the ITC, the permit shall be carried on board the aircraft for presentation on request.

  • SOR/96-335, s. 30.

 An air carrier that proposes to operate an ITC with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets the applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an ITC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

  • SOR/96-335, s. 30.
  •  (1) Except as otherwise provided in this section, Division II of Part V applies to ITC transportation.

  • (2) No air carrier shall operate an ITC unless

    • (a) the air carrier has filed with the Agency an ITC tariff; and

    • (b) the tariff referred to in paragraph (a) is in effect on the date of signature of the ITC contract and is applicable at the dates and times of performance of any air portion of the tour under that contract.

  • (3) No air carrier shall, in respect of any ITC, charge any toll other than the tolls that are applicable to that ITC pursuant to the air carrier’s ITC tariff on file with the Agency and in effect.

  • (4) Unless an ITC tariff filed with the Agency has been rejected, or suspended or disallowed by the Agency, or withdrawn by the air carrier, prior to its effective date, an ITC tariff becomes effective not less than

    • (a) 45 days after the date of filing that tariff, if filed by a Canadian air carrier; and

    • (b) 30 days after the date of filing that tariff, if filed by a non-Canadian air carrier.

  • (5) Notwithstanding subsection (4), no ITC tariff filed with the Agency by a non-Canadian air carrier shall become effective unless that air carrier identifies such toll in a Canadian air carrier’s ITC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

  • (6) An ITC tariff filed with the Agency shall remain in effect for at least six months but not longer than 12 months after the effective date thereof.

  • (7) Tolls shall be published for the entire passenger seating capacity of every aircraft on an ITC at a rate per seat per mile, expressed in cents to the third decimal, indicating the type and seating configuration of the aircraft, the days or other period of time and the geographic area or route in respect of which the tolls apply.

  • (8) Notwithstanding any other provision of these Regulations, any toll contained in the ITC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest ITC toll of any Canadian air carrier on file with the Agency and in effect that, pursuant to the terms and conditions of the Canadian air carrier’s ITC tariff, could apply to such ITC transportation as is covered by the non-Canadian air carrier’s toll.

  • (9) Where, pursuant to subsection (8), the ITC toll in the tariff of a non-Canadian air carrier is disallowed,

    • (a) that non-Canadian air carrier may, notwithstanding paragraph (4)(b) and subsection (6), on notification by the Agency of the disallowance of that toll, substitute therefor a new toll, which shall not be less than the Canadian air carrier’s toll described in subsection (8) and shall become effective not less than one day after the date on which it is filed with the Agency; or

    • (b) where the non-Canadian carrier does not act pursuant to paragraph (a) within one day, the Agency may establish and substitute for the disallowed toll a new toll which shall take effect in the tariff forthwith notwithstanding paragraph (4)(b) and subsection (6).

  • SOR/96-335, s. 31.
  •  (1) An air carrier may utilize any space on an aircraft used for an ITC for the purposes of the transportation of the carrier’s own goods and personnel and another air carrier’s personnel or for any of those purposes with, if that space is chartered, the prior written concurrence of the tour operator.

  • (2) [Repealed, SOR/96-335, s. 32]

  • SOR/96-335, s. 32.

DIVISION VIAdvance Booking Charters

 In this Division,

charterer

charterer means a person who has entered into an ABC contract in accordance with this Division; (affréteur)

contract

contract means an ABC contract entered into in accordance with this Division between a charterer and not more than two air carriers; (contrat)

foreign-origin charterer

foreign-origin charterer means a person who has entered into an arrangement with an air carrier to provide charter air transportation originating in a foreign country. (affréteur à l’étranger)

 No air carrier shall operate an ABC unless the air carrier

  • (a) holds a non-scheduled international licence valid for the proposed charter; and

  • (b) has a program permit that has been issued, or a small carrier charter permit that is deemed to have been issued, by the Agency in respect of the ABC.

  • SOR/92-709, s. 11;
  • SOR/96-335, s. 33.

 [Repealed, SOR/96-335, s. 33]

  •  (1) An air carrier that proposes to operate an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the ABC.

  • (2) The application for the program permit shall be filed with the Agency by the air carrier that is to perform the outbound portion of the ABC.

  • SOR/92-709, s. 12;
  • SOR/96-335, s. 33.
  •  (1) Subject to subsection (2), the Agency shall issue a program permit to an air carrier to operate an ABC if the air carrier meets all applicable requirements of the Act and these Regulations.

  • (2) In the case of a series of ABC flights, the Agency shall not issue a program permit in respect of any ABC that will not be completed within one year after the commencement of the first flight.

  • SOR/96-335, s. 33.

 An air carrier that proposes to operate an ABC with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets all applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

  • SOR/96-335, s. 33.
 
Date modified: