Air Transportation Regulations (SOR/88-58)

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

 [Repealed, SOR/96-335, s. 10]

PART IIIInternational Charters (Non-U.S.)

Application

 Except as otherwise provided in Part IV, Divisions I to VI apply in respect of international charters except TPCs, TPNCs and TGCs.

  • SOR/96-335, s. 11.

Permits

 The issuance or deemed issuance of any category of permit referred to in section 22.1 in respect of an international charter is subject to the following conditions, namely, that the operation of the charter

  • (a) be in accordance with

    • (i) the Act and these Regulations,

    • (ii) any terms and conditions of the licence pursuant to which the international 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 carriers.

  • SOR/96-335, s. 11.

Categories of Permits

 The following are the categories of permits pursuant to which an international charter may be operated:

  • (a) a program permit issued pursuant to subsection 32(1) or (2), section 34 or 37.2, subsection 43(2.3) or section 48.1;

  • (b) a small carrier charter permit that is deemed to have been issued pursuant to section 32.1, 36.1, 42.1, 44 or 48.2; or

  • (c) an approval granted pursuant to subsection 73(5).

  • SOR/96-335, s. 11.

Powers of the Agency

  •  (1) Notwithstanding any other provision of this Part, where the Agency determines that the operation of an international charter referred to in section 22 is contrary to any of the conditions referred to in that section, the Agency may

    • (a) deny an application for, or cancel a program permit, in whole or in part, referred to in subsection 32(1) or (2), section 34 or 37.1, subsection 43(2.3) or section 48.1;

    • (b) cancel a small carrier charter permit that is deemed to have been issued pursuant to section 32.1, 36.1, 42.1, 44 or 48.2;

    • (c) deny an application for or cancel an approval referred to in paragraph 73(4)(c); or

    • (d) before issuing or cancelling a permit, require an air carrier to take measures to ensure that the operation of the charter will comply with the conditions.

  • (2) When determining whether the operation of an international charter may contravene paragraph 22(b), (c) or (d), the Agency shall take into consideration international reciprocity in matters of air transportation.

  • SOR/96-335, s. 11.

DIVISION ICarriage of Goods on Passenger Charters

  •  (1) Every non-scheduled international licence providing for the operation of international charters is subject to the condition that no goods be carried for remuneration on an aircraft used for an ABC, an ABC/ITC, a CPC or an ITC, except

    • (a) in that part of the bellyhold of the aircraft not required for use pursuant to the passenger charter contract;

    • (b) pursuant to another charter contract that is for only part of the bellyhold of the aircraft; and

    • (c) between the points served for the purpose of embarking or disembarking passengers.

  • (2) Except as otherwise provided in this section, Division II of Part V applies in respect of the carriage of goods in the bellyhold of aircraft engaged in passenger charters.

  • (3) Notwithstanding paragraph 20(a), an air carrier may charter part of the bellyhold of an aircraft used for an ABC, an ABC/ITC, a CPC or an ITC to a person who obtains payment for goods carried thereon at a toll per unit, if that part is not required for use pursuant to the passenger charter contract.

  • (4) Notwithstanding any other provision of these Regulations, any toll respecting the carriage of goods for remuneration on an aircraft used for an ABC, an ABC/ITC, a CPC or an ITC in the tariff of a non-Canadian air carrier on file with the Agency shall be disallowed by the Agency if that toll is less than the lowest such toll that is in any Canadian air carrier’s tariff on file with the Agency and in effect and that, pursuant to the terms and conditions of the Canadian air carrier’s tariff, could apply to such transportation as is covered by the non-Canadian air carrier’s toll.

  • (5) Where, pursuant to subsection (4), the toll in the tariff of a non-Canadian air carrier is disallowed,

    • (a) that non-Canadian air carrier may, on notification by the Agency of the disallowance of that toll, substitute therefor, by filing with the Agency, a new toll, which shall be not less than such toll in the Canadian air carrier’s tariff as is described in subsection (4) and shall not become effective before the expiration of one day after the date on which it is filed with the Agency; or

    • (b) where the non-Canadian air carrier does not act pursuant to paragraph (a) within one day, the Agency may establish and substitute a new toll, which shall take effect in the tariff forthwith.

  • SOR/96-335, s. 12.

DIVISION IICommon Purpose Charters

 [Repealed, SOR/96-335, s. 13]

  •  (1) No air carrier shall operate a CPC unless the air carrier

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

    • (b) has been issued a program permit or is deemed to have been issued a small carrier charter permit in respect of the CPC, by the Agency.

  • (2) An air carrier who proposes to operate a CPC or a series of CPCs that use aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply to the Agency for a program permit in respect of the CPC or series of CPCs.

  • (3) The Agency shall not consider an application referred to in subsection (2) unless the air carrier has a financial guarantee with a Canadian financial institution, in a standard form provided by the Agency, that provides that any advance payment in respect of the CPC is fully protected from the time it is received by the air carrier from the charterer.

  • (4) An air carrier referred to in subsection (2) shall, at least 30 days before the cancellation or termination of a financial guarantee referred to in subsection (3), file a copy of a new or renewed, as the case may be, financial guarantee with the Agency.

  • SOR/92-709, s. 2;
  • SOR/96-335, s. 13.

 A financial guarantee referred to in subsection 24.1(3) shall specify

  • (a) that any amount to which a charterer is entitled under the charter contract for unperformed CPC transportation be fully and promptly refunded by the Canadian financial institution that issued the guarantee;

  • (b) that any amount refunded in accordance with paragraph (a) be deposited in a trust account in the name and for the benefit of the charterer;

  • (c) that any money withdrawn from the trust account be used only for the payment of replacement air transportation or refunds to the proposed users of the CPC, either directly or through the appropriate travel agent or provincial authority;

  • (d) that the financial institution that issued the financial guarantee will not amend or cancel the financial guarantee without first giving 45 days notice to the Agency; and

  • (e) the name of the province under the laws of which the financial guarantee is to be interpreted.

  • SOR/92-709, s. 2;
  • SOR/96-335, s. 14.
  •  (1) An application, and any application to amend a previous application, for a program permit for a CPC shall be filed with the Agency by the air carrier that is to perform the outbound portion of the CPC, as soon as the charter contract is signed or amended by the air carrier and the charterer and in any event not less than 30 days before the commencement of the CPC.

  • (2) Every application for a program permit to operate a CPC shall be made in writing and the applicant shall

    • (a) submit therewith a copy of the executed charter contract;

    • (b) furnish

      • (i) a detailed description of the CPC event, including

        • (A) its location, duration and character,

        • (B) the names of its organizers and sponsors, and

        • (C) the charge or other contribution, if any, to be made for attendance at, or participation in, the event, or

      • (ii) the particulars of the CPC educational program as concurred in by the appropriate school authorities and written evidence of their concurrence;

    • (c) in the case of a CPC relating to a CPC event, attach samples of any documentation or other material from any source promoting or describing the CPC event or, if there is no such material, provide evidence showing that the CPC event will take place;

    • (d) specify how the charter price stated in the charter contract referred to in paragraph (a) was calculated;

    • (e) provide a statement by each charterer showing

      • (i) the name, address, nationality and nature of business of the charterer,

      • (ii) where the charterer is a company, the name, address and nationality of each director of the company,

      • (iii) a summary of the charterer’s experience relating to transportation activities including, where applicable, particulars of the charterer’s membership in travel organizations and of the licensing or registration of the charterer under any law of a province requiring travel agents to be licensed or registered, and

      • (iv) evidence of the financial responsibility of the charterer, including

        • (A) in respect of the charterer’s latest financial year, financial statements duly approved by the board of directors or other executive body, together with the auditor’s report,

        • (B) if the date of the receipt by the Agency, pursuant to paragraph (a), of the copy of the executed charter contract is more than six months after the end of the charterer’s financial year, a copy of the current financial statements signed by a person duly authorized by the charterer,

        • (C) a letter from the charterer’s bank indicating the extent of the charterer’s line of credit, and

        • (D) a description of the arrangements made by the charterer to ensure the protection of moneys paid to the charterer in respect of CPCs during the period in which those moneys remain in the charterer’s possession;

    • (e.1) provide a statement by each charterer, signed and witnessed, certifying that the charterer is in possession of

      • (i) in the case of a letter of credit, the original of the letter of credit applicable in respect of the CPC, or

      • (ii) in the case of any other type of financial guarantee, a copy of the financial guarantee applicable in respect of the CPC;

    • (f) establish

      • (i) the adequacy of the arrangements referred to in clause (e)(iv)(D),

      • (ii) the financial ability of the charterer to perform the contract, and

      • (iii) that the charterer has a place of business in Canada or, if the charterer is a corporation, that it is registered under the laws of Canada or any province; and

    • (g) provide a copy of the financial guarantee applicable in respect of the CPC.

  • (3) [Repealed, SOR/92-709, s. 3]

  • SOR/92-709, s. 3;
  • SOR/96-335, s. 15;
  • SOR/2017-19, s. 2.
 
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