Air Transportation Regulations (SOR/88-58)

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

Exception

 The holder of a domestic licence in respect of a domestic service that serves the transportation needs of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees or workers, is excluded, in respect of the service of those needs, from the requirements of section 67 of the Act.

  • SOR/96-335, s. 53.

Contents of Tariffs

  •  (1) Every tariff shall contain

    • (a) the name of the issuing air carrier and the name, title and full address of the officer or agent issuing the tariff;

    • (b) the tariff number, and the title that describes the tariff contents;

    • (c) the dates of publication, coming into effect and expiration of the tariff, if it is to expire on a specific date;

    • (d) a description of the points or areas from and to which or between which the tariff applies;

    • (e) in the case of a joint tariff, a list of all participating air carriers;

    • (f) a table of contents showing the exact location where information under general headings is to be found;

    • (g) where applicable, an index of all goods for which commodity tolls are specified, with reference to each item or page of the tariff in which any of the goods are shown;

    • (h) an index of points from, to or between which tolls apply, showing the province or territory in which the points are located;

    • (i) a list of the airports, aerodromes or other facilities used with respect to each point shown in the tariff;

    • (j) where applicable, information respecting prepayment requirements and restrictions and information respecting non-acceptance and non-delivery of goods, unless reference is given to another tariff number in which that information is contained;

    • (k) a full explanation of all abbreviations, notes, reference marks, symbols and technical terms used in the tariff and, where a reference mark or symbol is used on a page, an explanation of it on that page or a reference thereon to the page on which the explanation is given;

    • (l) the terms and conditions governing the tariff, generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff;

    • (m) any special terms and conditions that apply to a particular toll and, where the toll appears on a page, a reference on that page to the page on which those terms and conditions appear;

    • (n) the terms and conditions of carriage, clearly stating the air carrier’s policy in respect of at least the following matters, namely,

      • (i) the carriage of persons with disabilities,

      • (ii) acceptance of children,

      • (iii) compensation for denial of boarding as a result of overbooking,

      • (iv) passenger re-routing,

      • (v) failure to operate the service or failure to operate on schedule,

      • (vi) refunds for services purchased but not used, whether in whole or in part, either as a result of the client’s unwillingness or inability to continue or the air carrier’s inability to provide the service for any reason,

      • (vii) ticket reservation, cancellation, confirmation, validity and loss,

      • (viii) refusal to transport passengers or goods,

      • (ix) method of calculation of charges not specifically set out in the tariff,

      • (x) limits of liability respecting passengers and goods,

      • (xi) exclusions from liability respecting passengers and goods, and

      • (xii) procedures to be followed, and time limitations, respecting claims;

    • (o) the tolls, shown in Canadian currency, together with the names of the points from, to or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified;

    • (p) the routings related to the tolls unless reference is made in the tariff to another tariff in which the routings appear; and

    • (q) the official descriptive title of each type of passenger fare, together with any name or abbreviation thereof.

  • (2) Every original tariff page shall be designated “Original Page”, and changes in, or additions to, the material contained on the page shall be made by revising the page and renumbering it accordingly.

  • (3) Where an additional page is required within a series of pages in a tariff, that page shall be given the same number as the page it follows but a letter shall be added to the number.

  • (4) and (5) [Repealed, SOR/96-335, s. 54]

  • SOR/93-253, s. 2;
  • SOR/93-449, s. 1;
  • SOR/96-335, s. 54;
  • SOR/2017-19, s. 7(F).

Interest

 Where the Agency, by order, directs an air carrier to refund specified amounts to persons that have been overcharged by the air carrier for fares or rates in respect of its air service pursuant to paragraph 66(1)(c) of the Act, the amount of the refunds shall bear interest from the date of payment of the fares or rates by those persons to the air carrier to the date of the Agency’s order at the rate of interest charged by the Bank of Canada on short-term loans to financial institutions plus one and one-half percent.

  • SOR/2001-71, s. 3.

DIVISION IIInternational

Application

 Subject to paragraph 135.3(1)(d), this Division applies in respect of every air carrier that operates an international service, except an air carrier that operates TPCs, TPNCs or TGCs.

  • SOR/96-335, s. 55.

Exception

 An air carrier that operates an international service that serves the transportation requirements of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees and workers is excluded, in respect of the service of those requirements, from the requirements of subsection 110(1).

Filing of Tariffs

  •  (1) Except as provided in an international agreement, convention or arrangement respecting civil aviation, before commencing the operation of an international service, an air carrier or its agent shall file with the Agency a tariff for that service, including the terms and conditions of free and reduced rate transportation for that service, in the style, and containing the information, required by this Division.

  • (2) Acceptance by the Agency of a tariff or an amendment to a tariff does not constitute approval of any of its provisions, unless the tariff has been filed pursuant to an order of the Agency.

  • (3) No air carrier shall advertise, offer or charge any toll where

    • (a) the toll is in a tariff that has been rejected by the Agency; or

    • (b) the toll has been disallowed or suspended by the Agency.

  • (4) Where a tariff is filed containing the date of publication and the effective date and is consistent with these Regulations and any orders of the Agency, the tolls and terms and conditions of carriage in the tariff shall, unless they are rejected, disallowed or suspended by the Agency or unless they are replaced by a new tariff, take effect on the date stated in the tariff, and the air carrier shall on and after that date charge the tolls and apply the terms and conditions of carriage specified in the tariff.

  • (5) No air carrier or agent thereof shall offer, grant, give, solicit, accept or receive any rebate, concession or privilege in respect of the transportation of any persons or goods by the air carrier whereby such persons or goods are or would be, by any device whatever, transported at a toll that differs from that named in the tariffs then in force or under terms and conditions of carriage other than those set out in such tariffs.

  • SOR/96-335, s. 56;
  • SOR/98-197, s. 6(E).
  •  (1) All tolls and terms and conditions of carriage, including free and reduced rate transportation, that are established by an air carrier shall be just and reasonable and shall, under substantially similar circumstances and conditions and with respect to all traffic of the same description, be applied equally to all that traffic.

  • (2) No air carrier shall, in respect of tolls or the terms and conditions of carriage,

    • (a) make any unjust discrimination against any person or other air carrier;

    • (b) give any undue or unreasonable preference or advantage to or in favour of any person or other air carrier in any respect whatever; or

    • (c) subject any person or other air carrier or any description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatever.

  • (3) The Agency may determine whether traffic is to be, is or has been carried under substantially similar circumstances and conditions and whether, in any case, there is or has been unjust discrimination or undue or unreasonable preference or advantage, or prejudice or disadvantage, within the meaning of this section, or whether in any case the air carrier has complied with the provisions of this section or section 110.

  • SOR/93-253, s. 2;
  • SOR/96-335, s. 57.
 
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