Air Transportation Regulations (SOR/88-58)

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

Powers of Attorney

  •  (1) Before an air carrier publishes tariffs through an agent, the carrier shall file with the Agency a power of attorney in the form set out in Schedule IX.

  • (2) Where an air carrier publishes tariffs through another air carrier or a corporation that is not an air carrier, the issuing carrier shall first file with the Agency a power of attorney in the form set out in Schedule X.

  • (3) Where two or more air carriers appoint the same agent, separate powers of attorney are required from those air carriers.

  • (4) Powers of attorney issued to two or more air carriers or other agents shall not result in the publication of duplicate or conflicting tariffs.

  • (5) A power of attorney may be cancelled by the substitution therefor of a new power of attorney expressly cancelling the power of attorney in force or by notice of revocation in the form set out in Schedule XI.

  • (6) A new power of attorney or notice of revocation shall be filed with the Agency at least 60 days before it becomes effective.

  • (7) A substitution or revocation that cancels a power of attorney and to which an agent has not given effect by modification of the tariff affected thereby shall not be taken into account by the Agency unless the air carrier has applied to and received from the Agency an order disallowing that tariff.

  • (8) Every agent’s tariff shall show the name of the air carrier for whom the agent acts, together with the serial number of the power of attorney authorizing the agent to publish and file tariffs for that carrier.

  • (9) Every agent’s tariff applicable jointly between or from points that air carriers are authorized to serve shall be filed by each agent in that agent’s own CTA(A) series unless all the air carriers appoint the same agent.

  • SOR/93-253, s. 2(F);
  • SOR/96-335, s. 75.

Adopted Tariffs

  •  (1) Where an air carrier, in this section called an “adopted carrier”, changes its name or transfers the control of its operations, any other air carrier, in this section called an “adopting carrier”, that adopts the tariffs, concurrences therein, supplements and modifications thereof or other documents of the adopted carrier shall

    • (a) file with the Agency an adoption notice in the form set out in Schedule XII;

    • (b) file a power of attorney if the agent of the adopted carrier or a new agent is being appointed;

    • (c) make to every tariff referred to in the adoption notice such an amendment as to indicate the CTA(A) number of the adoption notice and, expressly, the fact that the tariff, including any amendment thereto, has become the tariff of the adopting carrier pursuant to the notice; and

    • (d) where the tariff to be amended is on paper, insert the adoption notice in the tariff on a page that remains in effect until the tariff is cancelled or amended in such manner as to remove any reference to the adopted carrier.

  • (2) Every supplement to a tariff of an adopted carrier that an adopting carrier publishes after the supplement referred to in paragraph (1)(d) shall

    • (a) contain the name of the adopting air carrier;

    • (b) be numbered consecutively following the number of the adoption supplement; and

    • (c) bear the CTA(A) number of the adopted carrier’s series and the name or initials of that carrier.

  • (3) Where a tariff in which an adopted carrier is named as a participant is published by other air carriers or agents, the tariff shall be amended to substitute for the name of that carrier, in the first supplement published by those air carriers or agents after the adoption takes effect, the name of the adopting carrier, and the supplement of the amended tariff shall include a provision to the effect that the adopting carrier, by its adoption notice, indicated by a CTA(A) number in that provision, has taken over the tariffs of that participant and that the name of the adopting carrier is substituted for the name of that participant, wherever it appears in the tariff, effective on the date of the adoption.

  • (4) Where a tariff on paper is amended in accordance with subsection (3), the substitution clause shall remain in effect until the tariff is cancelled or until all necessary amendments to the tariff have been effected to remove all references to the adopted carrier.

  • (5) Powers of attorney and certificates of concurrence adopted by an adopting carrier shall be replaced within 120 days by new powers of attorney and certificates of concurrence of that carrier, in which reference shall be made to the cancellation of the documents of the adopted carrier.

  • (6) [Repealed, SOR/96-335, s. 76]

  • SOR/93-253, s. 2(F);
  • SOR/96-335, s. 76.

DIVISION IIITransborder Charters

Application

 This Division applies in respect of every air carrier that operates TPCs, TPNCs or TGCs.

  • SOR/96-335, s. 77.

Exception

 Section 135.3 does not apply in respect of the operation of an international 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 and workers.

  • SOR/96-335, s. 77.

General

  •  (1) Every air carrier shall

    • (a) publish or display and make available for public inspection, at the business office of the air carrier, all the tariffs in effect in respect of the charter service offered by the air carrier, whether or not those tariffs have been filed with the Agency;

    • (b) clearly identify in the tariffs referred to in paragraph (a) the rates, charges and terms and conditions of carriage applicable in respect of the charter service offered by the air carrier;

    • (c) retain a record of the tariffs referred to in paragraph (a) for a period of at least three years after the tariffs cease to have effect; and

    • (d) file with the Agency tariffs that contain general terms and conditions of carriage that are broadly applicable to all air transportation and that are not directly related to a rate or charge, in the style and, where applicable, with the information, that is required by Division II.

  • (2) No air carrier shall impose any rate or charge, or apply any term or condition of carriage, in respect of the charter service it offers, unless the rate, charge, term or condition is set out in a tariff referred to in paragraph (1)(a) that is in effect in respect of that service.

  • (3) An air carrier shall provide a copy of the tariffs referred to in paragraph (1)(a) or any portion thereof to any person on the request of that person.

  • (4) Subsections (1) to (3) do not apply in respect of a charter price set out in a contract respecting a TPC, TPNC or TGC between an air carrier and a charterer where

    • (a) the parties to the contract agree to keep the charter price confidential;

    • (b) the air carrier retains a copy of the page showing the charter price for a period of at least three years after the date it ceases to have effect; and

    • (c) the air carrier makes available to the Agency, on request, a copy of the page showing the charter price.

  • SOR/96-335, s. 77.

Powers of the Agency

 Where the Agency, on receiving a complaint or of its own motion, determines that any term or condition of carriage set out in a tariff is unjust or unreasonable, the Agency may

  • (a) suspend or disallow the tariff or a portion thereof;

  • (b) establish and substitute another tariff or portion thereof for the suspended or disallowed tariff or portion thereof; or

  • (c) prohibit an air carrier from advertising, offering or applying the suspended or disallowed tariff or portion thereof.

  • SOR/96-335, s. 77.

PART V.1Advertising Prices

Interpretation

 The following definitions apply in this Part.

air transportation charge

air transportation charge means, in relation to an air service, every fee or charge that must be paid upon the purchase of the air service, including the charge for the costs to the air carrier of providing the service, but excluding any third party charge. (frais du transport aérien)

third party charge

third party charge means, in relation to an air service or an optional incidental service, any tax or prescribed fee or charge established by a government, public authority or airport authority, or by an agent of a government, public authority or airport authority, that upon the purchase of the service is collected by the air carrier or other seller of the service on behalf of the government, the public or airport authority or the agent for remittance to it. (somme perçue pour un tiers)

total price

total price means

  • (a) in relation to an air service, the total of the air transportation charges and third party charges that must be paid to obtain the service; and

  • (b) in relation to an optional incidental service, the total of the amount that must be paid to obtain the service, including all third party charges. (prix total)

  • SOR/2012-298, s. 3.
 
Date modified: