Air Transportation Regulations (SOR/88-58)

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

 Every air carrier that operates an ABC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) and that performs the outbound portion of the ABC shall, within six months after the end of each financial year of the charterer, provide the Agency with the audited financial statements described in clause 52(d)(iv)(A) in respect of that charterer.

  • SOR/96-335, s. 37.
  •  (1) An air carrier that has been issued a program permit for an ABC pursuant to section 48.1 may

    • (a) modify the ABC program approved by that permit, by advising the Agency of changes, by letter or electronic message, with respect to

      • (i) the type of aircraft used,

      • (ii) the seating capacity, or

      • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

    • (b) apply to the Agency in writing, submitting a modified ABC contract, to amend the permit by way of changes not described in paragraph (a).

  • (2) An air carrier modifying an ABC program in accordance with paragraph (1)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

  • (3) No application by an air carrier to amend an approved ABC in a manner not described in paragraph (l)(a) shall be accepted by the Agency unless the application is submitted to the Agency in the manner set out in section 52.

  • SOR/92-709, s. 14;
  • SOR/96-335, s. 38.

Public Solicitations

 A contract for an ABC is subject to the following conditions:

  • (a) every public solicitation carried out and every ticket issued by the charterer or agents of the charterer in respect of the ABC for which a program permit is required, before the Agency has issued the permit shall include a notice that the ABC or series of ABCs, as the case may be, are subject to the approval of the Agency; and

  • (b) every public solicitation in respect of an ABC shall include

    • (i) the price per seat applicable to the ABC transportation,

    • (ii) the name of the air carrier or the names of the air carriers,

    • (iii) the name of the charterer, and

    • (iv) a notice that the transportation offered is in accordance with these Regulations.

  • SOR/96-335, s. 39.

Advance Booking Requirements

  •  (1) On an ABC between Canada and any point in Bermuda, the Caribbean, the Bahamas, Mexico, Central America or the northern coastal regions of South America including Colombia, Venezuela, Guyana, Surinam, French Guiana and the islands adjacent thereto, each passenger reservation must be confirmed with the charterer not later than 14 days prior to the date of departure of the outbound portion of that ABC.

  • (2) On an ABC between Canada and any point other than those referred to in subsection (1), each passenger reservation must be confirmed with the charterer not later than 21 days prior to the date of departure of the outbound portion of that ABC.

  • (3) Notwithstanding subsections (1) and (2), the following number of seats may be contracted for sale to the public not later than seven days prior to the date of departure of the outbound portion of an ABC:

    • (a) 20 seats, where an aircraft has an MCTOW greater than 75,000 pounds (34,029 kg) but not greater than 150,000 pounds (68,058 kg);

    • (b) 30 seats, where an aircraft has an MCTOW greater than 150,000 pounds (68,058 kg) but not greater than 350,000 pounds (158,802 kg); or

    • (c) 40 seats, where an aircraft has an MCTOW greater than 350,000 pounds (158,802 kg).

  • (4) [Repealed, SOR/98-197, s. 2]

  • SOR/92-709, s. 15;
  • SOR/96-335, s. 40;
  • SOR/98-197, s. 2.
  •  (1) Every contract shall be made subject to the following conditions:

    • (a) subject to paragraphs (b) and (c), the price per seat for the ABC transportation shall be set by the charterer at not less than the sum of

      • (i) the per seat pro rata aircraft charter cost of the block of seats contracted for by the charterer on that ABC, and

      • (ii) a mark-up which shall, in the aggregate, cover the charterer’s costs incurred in the sale of ABC passenger seats under the contract, including the cost of unsold seats during the subsistence of the contract;

    • (b) subject to paragraph (c), the price per seat for the ABC transportation of passengers who are less than 12 years of age on the day when the ABC transportation commences shall be not less than the per seat charter cost referred to in subparagraph (a)(i), unless a holder of a scheduled international licence or non-scheduled international licence publishes a children’s fare for transportation between the points for which the ABC transportation is offered or between points near those points that is lower than the lowest price per seat allowed by this paragraph, in which case the charterer may sell ABC seats to passengers qualifying therefor at a price per seat matching that children’s fare; and

    • (c) a person less than two years of age on the day when the ABC transportation commences may be transported free of charge if that person does not occupy a separate seat on board the aircraft used in that ABC.

  • (2) Where an ABC is proposed to be operated, pursuant to paragraph 64(2)(b), between more points than are permitted by subsection 64(1), the per seat charter cost referred to in subparagraph (1)(a)(i) shall be obtained by multiplying the great-circle distance computed for the charter air transportation of each passenger by the air carrier’s ABC tariff rate per seat-mile applicable at the time of travel and in effect on the date the contract is signed.

  • (3) Every air carrier that has been issued a program permit pursuant to section 48.1 for an ABC shall require full payment from each charterer at least seven days before the departure of the outbound portion of the ABC and, on request by the Agency, shall file with the Agency documentary proof of that payment and the date when the payment was received by the air carrier.

  • SOR/96-335, s. 41;
  • SOR/98-197, s. 3.

Passenger Manifest

 Every air carrier operating an ABC shall file with the Agency, or furnish to its authorized representative for filing therewith, a passenger manifest in respect of the outgoing and return portions of the ABC forthwith on request therefor.

Minimum Stay for ABC Passengers

  •  (1) Every contract for an ABC between Canada and any point in Bermuda, the Caribbean, the Bahamas, Mexico, Central America or the northern coastal regions of South America including Colombia, Venezuela, Guyana, Surinam, French Guiana and the islands adjacent thereto shall be made subject to the condition that return ABC transportation of the passengers shall not be commenced before the first Sunday following the day of departure from the point of origin.

  • (2) Every contract for ABC transportation between Canada and any points, other than those referred to in subsection (1), shall be made subject to the condition that return ABC transportation of the passengers shall not be commenced prior to the sixth day after the date of departure from the point of origin.

  • SOR/96-335, s. 42.

Participation in an ABC

 Subject to section 63, every air carrier shall ensure that only the following persons are transported on an ABC:

  • (a) passengers who have been issued a valid, non-transferable ticket in accordance with section 51;

  • (b) foreign-origin passengers who have been issued valid, non-transferable tickets for charter transportation that are in accordance with the rules and regulations of the foreign country where the passengers’ charter transportation originated;

  • (c) persons permitted to be transported free of charge pursuant to paragraph 57(1)(c); and

  • (d) foreign-origin passengers permitted to be transported free of charge pursuant to the rules and regulations of the foreign country where the passengers’ charter transportation originated.

 Any air carrier performing an ABC from an airport in Canada shall permit the Agency or its authorized representative to examine at the airport the flight coupons surrendered by ABC passengers.

Tariffs and Tolls

  •  (1) Except as otherwise provided in this section, Division II of Part V applies to an ABC.

  • (2) No air carrier shall operate an ABC unless the air carrier has filed with the Agency an ABC tariff that is in effect on the date of signature of the contract for the ABC and is applicable for the dates and times of performance of the outbound and inbound portions of the ABC under the contract.

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

  • (4) Unless an ABC 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 ABC 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 ABC 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 ABC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

  • (6) An ABC 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 ABC 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 ABC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest ABC toll in the ABC tariff 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 ABC tariff, could apply to such ABC transportation as is covered by the non-Canadian air carrier’s toll.

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

    • (a) that non-Canadian air carrier may, notwithstanding the provisions of 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. 43.
 
Date modified: