Air Transportation Regulations (SOR/88-58)

Display of Terms and Conditions on Internet Sites

116.1 An air carrier that sells or offers for sale an international service on its Internet site must also display on the site the terms and conditions of carriage applicable to that service and must post a notice to that effect in a prominent place on the site.

Unit Tolls

117 Every air carrier operating a scheduled international service or a non-scheduled international service that is operated at a toll per unit of traffic shall publish all its tolls for those services

• (a) in the case of passenger transportation, at a fare per person; and

• (b) in the case of goods transportation, at a rate per pound, or other specified unit.

Charter Tolls

• 118 (1) Subject to subsection (2), every air carrier operating a non-scheduled international service on a charter basis shall publish all its tolls for those services at a rate per mile, where distance can be measured, or at a rate per hour where distance cannot be measured, which tolls shall be applicable to the entire capacity of the aircraft.

• (2) An air carrier that operates a non-scheduled international service on a charter basis may, in lieu of tolls described in subsection (1), establish specific point-to-point flat sum charter prices.

Currency

119 All tolls shall be expressed in Canadian currency and may also be expressed in terms of currencies other than Canadian.

Manner of Tariff Filing

• 120 (1) Tariffs may be filed with the Agency in paper or electronic form.

• (2) Tariffs shall be maintained in a uniform and consistent manner and shall be numbered consecutively with the prefix “CTA(A)” and every issuing air carrier or agent of the carrier shall number tariffs in the carrier’s or agent’s own series.

121 [Repealed, SOR/96-335, s. 64]

Contents of Tariffs

122 Every tariff shall contain

• (a) the terms and conditions governing the tariff generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff;

• (b) the tolls, together with the names of the points from and to which or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified;

• (c) the terms and conditions of carriage, clearly stating the air carrier’s policy in respect of at least the following matters, namely,

  • (i) the carriage of persons with disabilities,

  • (ii) the carriage of children,

  • (iii) unaccompanied minors, including those who are travelling under the carrier’s supervision,

  • (iv) the assignment of seats to children who are under the age of 14 years,

  • (v) failure to operate the service or failure to operate the air service according to schedule,

  • (vi) flight delay,

  • (vii) flight cancellation,

  • (viii) delay on the tarmac,

  • (ix) denial of boarding,

  • (x) the re-routing of passengers,

  • (xi) whether the carrier is bound by the obligations of a large carrier or the obligations of a small carrier that are set out in the Air Passenger Protection Regulations,

  • (xii) refunds for services purchased but not used, whether in whole or in part, either as a result of the client’s unwillingness or inability to continue or the air carrier’s inability to provide the service for any reason,

  • (xiii) ticket reservation, cancellation, confirmation, validity and loss,

  • (xiv) refusal to transport passengers or goods,

  • (xv) method of calculation of charges not specifically set out in the tariff,

  • (xvi) the carriage of baggage including the loss, delay or damaging of baggage,

  • (xvii) the transportation of musical instruments,

  • (xviii) limits of liability respecting passengers and goods,

  • (xix) exclusions from liability respecting passengers and goods,

  • (xx) procedures to be followed, and time limitations, respecting claims, and

  • (xxi) any other terms and conditions deemed under subsection 86.11(4) of the Act to be included in the tariff; and

• (d) a policy respecting the refusal to transport a person who is less than five years old unless that person is accompanied by their parent or a person who is at least 16 years old.

123 [Repealed, SOR/96-335, s. 65]

Supplements

• 124 (1) A supplement to a tariff on paper shall be in book or pamphlet form and shall be published only for the purpose of amending or cancelling that tariff.

• (2) Every supplement shall be prepared in accordance with a standard form provided by the Agency.

• (3) Supplements are governed by the same provisions of these Regulations as are applicable to the tariff that the supplements amend or cancel.

Symbols

125 All abbreviations, notes, reference marks, symbols and technical terms shall be defined at the beginning of the tariff.

Reference to Orders

126 Every tariff or portion thereof published pursuant to an order of the Agency shall make reference therein to the number and date of the order.

Disallowance

• 127 (1) [Repealed, SOR/96-335, s. 67]

• (2) Where a tariff or any portion thereof is disallowed, the CTA(A) number, supplement number or revised page number shall not be used again.

• (3) A tariff or any portion thereof issued in substitution for a disallowed tariff or portion thereof shall make reference to the disallowed tariff or portion.

• (4) Where any tariff or portion thereof of an air carrier operating a scheduled international service or operating a non-scheduled international service that is operated at a toll per unit of traffic, that contains through tolls applicable to the transportation of traffic between a point in Canada and a point in the territory of another country, is disallowed by the competent authorities of the other country, the issuing air carrier or agent shall immediately notify the Secretary of the disallowance and the Agency shall then also mark that tariff or portion as disallowed, and so advise the issuing air carrier or agent.

Rejection

• 127.1 (1) A document or any portion thereof that purports to be a tariff that does not comply with subsection 110(1) shall be rejected and has no force or effect.

• (2) Where a tariff applicable to a scheduled international service or a non-scheduled international service that is operated at a toll per unit of traffic, containing published through tolls for transportation of traffic between Canada and any other country, is rejected by the competent authority of the other country, the issuing air carrier or agent shall immediately notify the Agency of the rejection.

Cancellation of Tariffs

• 128 (1) The cancellation of a tariff cancels all supplements thereto in effect at the time of the cancellation.

• (2) When a tariff has been cancelled, it shall not be reinstated otherwise than by publication in accordance with these Regulations.

• (3) A tariff shall be cancelled only by a supplement thereto, by another tariff of the issuing carrier or agent or by disallowance by the Agency.

• (4) No tariff shall be cancelled by a supplement to another tariff.

• (5) Where a tariff is cancelled by another tariff, the other tariff shall be in the same CTA(A) series as the cancelled tariff, except that, where an air carrier’s tariff is replaced by a tariff of an agent, the agent’s tariff shall expressly show that it cancels or replaces the carrier’s tariff.

• (6) Where an air carrier’s tariff is replaced by an agent’s tariff, the carrier’s tariff shall be cancelled by a supplement thereto that makes reference to the CTA(A) number of the agent’s tariff.

• (7) Where a tariff is replaced by two or more tariffs, the cancellation of that tariff shall be effected by a supplement that shows, with respect to the specific material to be cancelled, full CTA(A) reference to the tariffs in which the material will be found and the new tariffs shall make reference to the cancelled tariff.

• (8) Where a portion of a tariff is to be transferred to another tariff, a specific cancellation of that portion shall be made by the publication of a supplement, a revised page or a new tariff showing full CTA(A) reference to the tariff in which the material will be set out in the future and to the tariff in which the material was formerly published.

• (9) Where a new tariff partially replaces another tariff that is in effect, the new tariff shall specifically state the portions of the other tariff that are replaced, and the inconsistent portions of the other tariff shall be amended forthwith in accordance with these Regulations.

Suspensions and Disallowances

• 129 (1) Where any provision of a tariff is suspended or disallowed by the Agency, the issuing air carrier or its agent shall immediately file with the Agency an appropriate tariff, to become effective not less than one working day after the date of filing, that restores the provision replaced by the suspended or disallowed provision.

• (2) If the Agency rescinds an order of suspension or disallowance, the issuing air carrier or its agent may file a tariff or portion of a tariff that puts into effect the suspended or disallowed tariff provision and cancels any provision restored in consequence of that order, to become effective not less than one working day after the date of filing but not earlier than the originally proposed effective date of the suspended or disallowed provision.

• (3) Where any provision of a tariff is suspended or disallowed by direction of the competent authorities of a foreign state, or the suspension or disallowance has been rescinded or the cancellation of the suspended or disallowed provision has been directed by those authorities, the issuing air carrier or agent may comply with their decision in accordance with such regulations of the competent authorities as may be pertinent.

• (4) [Repealed, SOR/96-335, s. 70]

Changes in Tariffs

• 130 (1) Except where a toll is disallowed or a new toll is substituted by the Agency, no toll may be changed unless the tariff or amendment in which it is set out is filed within the appropriate time limit set out in section 115.

• (2) Every tariff or toll may bear an expiry date.

• (3) Any amendment to the expiry date of a tariff after the date of its publication shall be made in accordance with section 115.

Terms and Conditions of Tariffs

• 131 (1) A separate tariff containing terms and conditions to which another tariff is subject may be filed under a CTA(A) number and those terms and conditions may be made part of that other tariff by making reference therein to the separate tariff by its CTA(A) number.

• (2) Where a toll tariff is subject to terms and conditions in a separate tariff, all air carriers that participate in the toll tariff shall be shown as participating air carriers in that separate tariff.

Routing Guides

• 132 (1) All tariffs shall show, in such a manner that it may be definitely ascertained, the routing in respect of which the tolls contained therein apply.

• (2) Routings may be published in the tariff containing the tolls respecting them or, if reference thereto by CTA(A) number is made in the tariff containing the tolls, in a separate tariff designated as a routing guide.

• (3) A routing guide, when published, shall be filed with the Agency under a CTA(A) number by the issuing air carrier or agent.

• (4) A routing guide shall indicate on the title page that

  • (a) the routes provided in the guide may be used only in connection with tolls made subject to the guide by making reference, by CTA(A) number, to the tariffs containing those tolls; and

  • (b) the use of the guide in connection with any tariff is restricted to such air carriers and such application of the guide as are indicated in that tariff.

Concurrences

• 133 (1) Air carriers subject to the Agency’s jurisdiction that participate in joint tariffs of air carriers or agents shall notify the Agency of their concurrence in a joint tariff by filing

  • (a) where a specific tariff of an issuing air carrier or agent is concurred in, a certificate of specific concurrence prepared in the form set out in Schedule V;

  • (b) where a concurrence is to be limited in scope, a certificate of limited concurrence prepared in the form set out in Schedule VI; or

  • (c) where all tariffs of an issuing carrier or agent are to be concurred in, a certificate of general concurrence prepared in the form set out in Schedule VII.

• (2) Except as otherwise provided in these Regulations, every tariff concurred in by a specific, limited or general concurrence shall make reference to the appropriate serial number and prefix against the name of the concurring air carrier in the tariff.

• (3) Every tariff published pursuant to a limited or a specific concurrence shall conform to the terms of the concurrence indicated in the certificate prepared in the form set out in Schedule V or VI.

• (4) A certificate of concurrence filed with the Agency may be revoked by filing a new certificate of concurrence in its place or by sending a notice of revocation to the Agency.

• (5) The revocation of a certificate of concurrence shall take effect not less than 60 days after the Agency receives notice of the revocation.

• (6) Every notice of revocation of a certificate of concurrence shall be prepared in the form set out in Schedule VIII and filed with the Agency.

• (7) Where a certificate of concurrence is revoked and the notice of revocation is not disallowed by the Agency, an amendment of every tariff affected by the revocation shall be filed with the Agency in accordance with section 115 no later than the effective date of the revocation.

• (8) Where a tariff is not amended in accordance with subsection (7),

  • (a) the tolls in the tariff remain applicable and the carrier that revoked its concurrence is thereafter entitled to receive its local tolls;

  • (b) where the tariff is published by an air carrier, that air carrier will be held liable to the carrier that revoked the concurrence for the difference between the tolls in the unamended tariff and those that would have existed had the tariff been amended in accordance with the revocation of concurrence; and

  • (c) where the tariff was published by an agent, the other air carriers whose combined routings form the joint route will be held responsible for such difference in tolls.

• (9) Where a tariff of an air carrier or agent not subject to the jurisdiction of the Agency is filed with the Agency and a non-concurring air carrier participates therein, the said tariff shall be effective and the tolls, the terms and conditions therein applicable unless the non-concurring air carrier has applied for and received an order from the Agency disallowing the tariff.

• (10) Where two or more agents each file the same joint tariff, no mailing of a copy of a certificate of concurrence to each group of air carriers for whom each agent acts as attorney is required.