Air Transportation Regulations (SOR/88-58)

Regulations are current to 2017-09-27 and last amended on 2017-02-13. Previous Versions

DIVISION VIICharter Flights Originating in a Foreign Country (Non U.S.)

 This Division applies in respect of charter flights originating in a foreign country other than the United States.

  • SOR/96-335, s. 49.
  •  (1) A charter flight originating in a foreign country that is destined for Canada shall be operated, subject to subsections (2) to (5) and section 22, in accordance with the rules and regulations of that foreign country.

  • (2) No air carrier shall operate a charter flight pursuant to subsection (1) unless that air carrier

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

    • (b) has received authorization from the aeronautical authorities of the country of origin for the proposed flight;

    • (c) files with the Agency a notice in writing, addressed to the Secretary, not less than

      • (i) 48 hours prior to the planned date and time of arrival in Canada of the flight, in the case of an entity charter proposed to be operated pursuant to the air carrier’s non-scheduled international licence valid for that type of charter, or

      • (ii) 15 days before the planned date of arrival in Canada of the flight, in the case of a charter other than an entity charter proposed to be operated pursuant to the air carrier’s non-scheduled international licence valid for that type of charter;

    • (d) includes in the written notice addressed to the Secretary

      • (i) documentary evidence establishing the authorization referred to in paragraph (b),

      • (ii) the name or charter category of the proposed operation under the rules and regulations of the country of origin,

      • (iii) the name of the charterer,

      • (iv) all points of origin and destination of the charter flight, including the Canadian airports proposed to be used,

      • (v) the planned dates and times of arrival and departure, and

      • (vi) the type of the aircraft proposed to be used, and

        • (A) its seating capacity,

        • (B) the nature and quantity of the goods to be transported, or

        • (C) all the information required by clauses (A) and (B);

    • (e) has arranged for suitable arrival and departure times with the appropriate Canadian airport authorities;

    • (f) on arrival in Canada, submits to the appropriate airport authorities at the airport of entry and, on request, to the Agency or its authorized representative, a passenger list showing the last names and the initials of all passengers transported on the charter; and

    • (g) permits the examination by the Agency or its authorized representative of flight coupons surrendered by passengers at the point of departure of the charter flight.

  • (3) No air carrier shall operate a charter flight of the advance booking or affinity type originating in a foreign country

    • (a) for the purpose of disembarking traffic at more than one point in Canada from such portion of the flight as is destined for Canada, and

    • (b) for the purpose of embarking traffic at more than one point in Canada from any other portion of the flight

    unless arrangements between the Agency and the foreign aeronautical authority having jurisdiction over the originating traffic are in existence to permit the disembarkation and embarkation of that traffic at not more than two points in Canada.

  • (4) Where the Agency determines that the operation of a charter flight originating in a foreign country is contrary to any of the requirements of subsection (2) or (3), or any of the conditions set out in section 22, the Agency may

    • (a) take measures to preclude the performance of the charter by the air carrier;

    • (b) require the air carrier to comply with any requirements imposed by the Agency, to ensure that the operation meets the requirements and conditions set out in those provisions; or

    • (c) require, by notice in writing, the air carrier to obtain the approval of the Agency prior to the operation of the charter, where the Agency determines that to do so is necessary to ensure compliance with the requirements and conditions set out in those provisions.

  • (5) The Agency shall grant the approval referred to in paragraph (4)(c) where the Agency determines that the operation of the charter is not contrary to any of the requirements of subsections (2) and (3) and the conditions set out in section 22.

  • SOR/96-335, s. 50.
  •  (1) [Repealed, SOR/2006-3, s. 1]

  • (2) Except as permitted by Division VI, no Canadian air carrier operating an ongoing or the return portion of a foreign-origin charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a foreign-origin charter of the same type.

  • (3) Except as permitted by Division VI, no non-Canadian air carrier operating an ongoing or the return portion of a third freedom charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a third freedom charter of the same type.

  • (4) No non-Canadian air carrier operating an ongoing or the return portion of a fifth freedom charter of any type from a point in Canada shall offer or provide transportation on board the aircraft used in either such portion to a person who was not transported to Canada by that air carrier on an inbound portion of a fifth freedom charter of the same type.

  • (5) No air carrier operating an ongoing or the return portion of a foreign-origin passenger charter shall take on board at any point in Canada

    • (a) mail; or

    • (b) except in accordance with section 23, goods.

  • SOR/2006-3, s. 1.

 A non-Canadian air carrier holding a valid non-scheduled international licence shall, on the Agency’s written direction, forthwith file with the Agency a copy of the rules and regulations governing the authorization and operation of international charter flights originating in that air carrier’s state and shall provide the Agency with amendments to those rules and regulations on the promulgation or publication thereof.

  • SOR/96-335, s. 51.

PART IVTransborder Charters

Permits

 The issuance or deemed issuance of any category of permit referred to in section 77 is subject to the following conditions, namely, that the operation of a TPC, TPNC, TGC or TUSC, as the case may be, shall

  • (a) be in accordance with

    • (i) the Act and these Regulations,

    • (ii) any terms and conditions of the licence pursuant to which the transborder charter is operated,

    • (iii) where applicable, any conditions of the permit, and

    • (iv) the terms and conditions of a charter contract that are set out in these Regulations;

  • (b) be consistent with Canada’s national and international transportation policies and Canada’s other policies that affect, directly or indirectly, air transportation, as set out in applicable legislation or in other documents of the Government of Canada;

  • (c) be in accordance with any applicable international agreement, convention or arrangement respecting civil aviation to which Canada is a party; and

  • (d) on balance, best serve the needs of travellers, shippers and air carrier.

  • SOR/96-335, s. 52.

Categories of Permits

 The following are the categories of permits pursuant to which a TPC, TPNC, TGC or TUSC, as the case may be, may be operated:

  • (a) a program permit issued pursuant to section 92;

  • (b) a small carrier charter permit that is deemed to have been issued pursuant to section 94;

  • (c) a charter authorization issued pursuant to section 95; and

  • (d) an approval granted pursuant to subsection 78(4), 99(5), 101(5) or 103.5(2).

  • SOR/92-709, s. 18;
  • SOR/96-335, s. 52.

Powers of the Agency

  •  (1) Notwithstanding any other provision of this Division, where the Agency determines that the operation of a TPC, TPNC, TGC or TUSC as the case may be, is contrary to any of the conditions referred to in section 76, the Agency may

    • (a) deny an application for or cancel a program permit, in whole or in part, referred to in section 92;

    • (b) deny an application for or cancel a charter authorization referred to in section 95;

    • (c) cancel a small carrier charter permit that is deemed to have been issued pursuant to section 94;

    • (d) deny an application for or cancel an approval referred to in subsection (3), section 99 or 101 or paragraph 103.5(1)(c); or

    • (e) require an air carrier to comply with any requirements that the Agency imposes that are necessary to ensure compliance with these Regulations

      • (i) in respect of a program permit issued pursuant to section 92 or from time to time thereafter,

      • (ii) in respect of a small carrier charter permit that is deemed to have been issued pursuant to section 94,

      • (iii) in respect of a charter authorization issued pursuant to section 95 or from time to time thereafter, or

      • (iv) in respect of an approval granted pursuant to subsection (4), 99(5), 101(5) or 103.5(2) or from time to time thereafter.

  • (2) Where the Agency determines that it is necessary in order for the operation of a TPC to meet the conditions set out in section 76, the Agency shall require, by notice in writing, an air carrier operating a TPC or series of TPCs pursuant to a charter authorization to obtain a program permit in accordance with sections 91 and 92 prior to the operation of the TPC or any TPC in the series, in which case the charter authorization is automatically cancelled.

  • (3) Where the Agency determines that it is necessary in order for the operation of a TPC, TPNC or TGC, as the case may be, to meet the conditions set out in section 76, the Agency shall require, by notice in writing, an air carrier to obtain the approval of the Agency prior to the operation of any TPNC or TGC, or prior to the subcontracting of any TPC, TPNC or TGC, where the provisions of this Division do not otherwise require the air carrier to obtain prior approval.

  • (4) The Agency shall grant the approval referred to in subsection (3) where the Agency determines that the operation of the charter is not contrary to any of the conditions set out in section 76.

  • (5) When determining whether the operation of a transborder charter may contravene paragraph 76(b), (c) or (d), the Agency shall take into consideration international reciprocity in matters of air transportation.

  • SOR/96-335, s. 52.
 
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