Air Transportation Regulations (SOR/88-58)

135.6 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.

• 135.7 (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.

• 135.8 (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.