Air Transportation Regulations (SOR/88-58)

Regulations are current to 2013-04-29 and last amended on 2012-12-14. Previous Versions

Records

 An air carrier shall, immediately upon the request of the Agency, permit the Agency to inspect the air carrier’s records respecting the operation of TPCs, TPNCs or TGCs, including records respecting any advance payments received by the air carrier in connection with TPCs.

  • SOR/96-335, s. 52.
  •  (1) An air carrier shall retain the flight coupons surrendered by passengers or equivalent information contained in another format, and shall maintain evidence that the air carrier has complied with the requirements of Divisions I to IV, for a period of one year after the date of departure of a TPC, TPNC or TGC.

  • (2) An air carrier shall, on the request of the Agency, submit forthwith any evidence that the Agency requires to verify that the requirements of Divisions I to IV have been complied with.

  • (3) Where the Agency determines that an air carrier has not complied with the requirements of Divisions I to IV, the Agency may require the air carrier to take measures to ensure compliance with these Regulations or may cancel any program permit issued or approval granted, or any small carrier charter permit that is deemed to have been issued by the Agency.

  • SOR/92-709, s. 20;
  • SOR/96-335, s. 52;
  • SOR/98-197, s. 4.

Division II

Transborder Passenger Charters Originating in Canada

Operation by Two Air Carriers

 Where a TPC is to be operated by two air carriers, both air carriers shall notify the Agency before the date of the TPC of the arrangements of their joint operation of the TPC.

  • SOR/96-335, s. 52.

Co-mingling Provision

  •  (1) No air carrier shall operate a TPC unless the entire passenger seating capacity of the aircraft is chartered by one or more charterers or a combination of charterers and United States charterers for resale.

  • (2) Where there is an arrangement between an air carrier and a United States charterer to combine a charter originating in the United States with a TPC, the terms and conditions applicable to the charter originating in the United States shall be governed by the provisions of Division V.

  • SOR/96-335, s. 52.

Flexible Return

 Where a charterer has more than one TPC contract with an air carrier, a passenger transported on an outbound portion of a TPC under one contract may be returned to the passenger’s point of origin on the same contract or on any other contract between the charterer and the air carrier.

  • SOR/96-335, s. 52.

Operational Restrictions

  •  (1) An air carrier may operate a charter in conjunction with a TPC, for the purpose of enplaning and deplaning passengers in a third country, provided that the operation is in accordance with this Division and Division I and the passengers make a stopover in the United States for at least two consecutive nights.

  • (2) Notwithstanding subsection (1), where the period of stopover in the third country exceeds the period of stopover in the United States, the provisions of Division II, IV, V or VI of Part III, as appropriate, shall apply in respect of the charter transportation to the third country.

  • SOR/96-335, s. 52.