Air Transportation Regulations (SOR/88-58)

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

 For the purposes of subsection 86.1(2) of the Act and this Part, a prescribed fee or charge is one that is fixed on a per person or ad valorem basis.

  • SOR/2012-298, s. 3.

Application

  •  (1) Subject to subsection (2), this Part applies to advertising in all media of prices for air services within, or originating in, Canada.

  • (2) This Part does not apply to an advertisement that relates to

    • (a) an air cargo service;

    • (b) a package travel service that includes an air service and any accommodation, surface transportation or entertainment activity that is not incidental to the air service; or

    • (c) a price that is not offered to the general public and is fixed through negotiation.

  • (3) This Part does not apply to a person who provides another person with a medium to advertise the price of an air service.

  • SOR/2012-298, s. 3.

Requirements and Prohibitions Relating to Advertising

  •  (1) Any person who advertises the price of an air service must include in the advertisement the following information:

    • (a) the total price that must be paid to the advertiser to obtain the air service, expressed in Canadian dollars and, if it is also expressed in another currency, the name of that currency;

    • (b) the point of origin and point of destination of the service and whether the service is one way or round trip;

    • (c) any limitation on the period during which the advertised price will be offered and any limitation on the period for which the service will be provided at that price;

    • (d) the name and amount of each tax, fee or charge relating to the air service that is a third party charge;

    • (e) each optional incidental service offered for which a fee or charge is payable and its total price or range of total prices; and

    • (f) any published tax, fee or charge that is not collected by the advertiser but must be paid at the point of origin or departure by the person to whom the service is provided.

  • (2) A person who advertises the price of an air service must set out all third party charges under the heading “Taxes, Fees and Charges” unless that information is only provided orally.

  • (3) A person who mentions an air transportation charge in the advertisement must set it out under the heading “Air Transportation Charges” unless that information is only provided orally.

  • (4) A person who advertises the price of one direction of a round trip air service is exempt from the application of paragraph (1)(a) if the following conditions are met:

    • (a) the advertised price is equal to 50% of the total price that must be paid to the advertiser to obtain the service;

    • (b) it is clearly indicated that the advertised price relates to only one direction of the service and applies only if both directions are purchased; and

    • (c) the advertised price is expressed in Canadian dollars and, if it is also expressed in another currency, the name of that other currency is specified.

  • (5) A person is exempt from the requirement to provide the information referred to in paragraphs (1)(d) to (f) in their advertisement if the following conditions are met:

    • (a) the advertisement is not interactive; and

    • (b) the advertisement mentions a location that is readily accessible where all the information referred to in subsection (1) can be readily obtained.

  • SOR/2012-298, s. 3.

 A person must not provide information in an advertisement in a manner that could interfere with the ability of anyone to readily determine the total price that must be paid for an air service or for any optional incidental service.

  • SOR/2012-298, s. 3.

 A person must not set out an air transportation charge in an advertisement as if it were a third party charge or use the term tax in an advertisement to describe an air transportation charge.

  • SOR/2012-298, s. 3.

 A person must not refer to a third party charge in an advertisement by a name other than the name under which it was established.

  • SOR/2012-298, s. 3.

PART VIService Schedules

Application

 This Part applies in respect of any scheduled international service operated by an air carrier.

  • SOR/96-335, s. 78.

Validity of Service Schedules

  •  (1) A service schedule is valid beginning on its effective date unless the Agency rejects or disallows it.

  • (2) The Agency shall reject a service schedule if the Agency determines that the service schedule has not been filed in accordance with the requirements of this Part.

  • (3) The Agency shall disallow a service schedule if the Agency determines that it is inconsistent with the licence of the air carrier that filed it.

  • SOR/96-335, s. 78.

Filing of Service Schedules

 An air carrier or its agent shall file with the Agency a service schedule or an amendment to a service schedule that includes the information required by section 139 and, where the service schedule is on paper, a filing advice that includes the information required by subsection 140(3).

  • SOR/93-253, s. 2(E);
  • SOR/96-335, s. 78.
  •  (1) Every service schedule filed with the Agency shall be consecutively numbered with the prefix “CTA(A)GS”.

  • (2) [Repealed, SOR/96-335, s. 79]

  • (3) Every service schedule or amendment thereto shall be filed with the Agency at least 10 days, commencing on its receipt by the Agency and not on mailing, prior to the effective date of the schedule or amendment.

  • (4) A non-Canadian air carrier that operates a scheduled international service may file complete copies of the carrier’s service schedules.

  • (5) Where service schedules filed pursuant to subsection (4) include specific schedules of flights other than to or from points in Canada, these Regulations do not apply to those specific schedules.

  • SOR/93-253, s. 2;
  • SOR/96-335, s. 79.

Contents of Service Schedules

 Every service schedule shall contain the following information:

  • (a) the full name of the air carrier;

  • (b) the name and business address of an authorized officer or agent of the air carrier;

  • (c) the date of issuance and the effective date of the service schedule;

  • (d) the class of air service; and

  • (e) details of each air service to be operated by the air carrier, namely,

    • (i) the points served,

    • (ii) the frequency of service set out by day of the week,

    • (iii) the times of departure and arrival at each point,

    • (iv) the flight number or numbers assigned by the air carrier, and

    • (v) the type and usual configuration of aircraft used.

  • SOR/93-253, s. 2;
  • SOR/94-379, s. 4(F);
  • SOR/96-335, s. 80;
  • SOR/2017-19, s. 12(E).

Form of Service Schedules

  •  (1) An air carrier may file a service schedule and any amendment thereto on paper or in an electronic form that is compatible with the electronic systems used by the Agency.

  • (2) A service schedule on paper shall be plainly typewritten, printed or reproduced.

  • (3) Every filing advice shall contain the following information:

    • (a) the name, address, telephone and facsimile numbers of the air carrier and, where applicable, of the agent of the air carrier;

    • (b) the name and title of an authorized officer of the air carrier or its agent;

    • (c) the date of issuance and the effective date of the service schedule;

    • (d) the service schedule number in accordance with subsection 138(1);

    • (e) the number of pages of the service schedule or of any amendments thereto;

    • (f) a brief description of the contents of the service schedule;

    • (g) a description of any routes that have been amended by the service schedule; and

    • (h) a list of the persons who have been sent a copy of the service schedule.

  • SOR/93-253, s. 2(F);
  • SOR/96-335, s. 81.
 
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