Air Transportation Regulations (SOR/88-58)

Regulations are current to 2017-10-13 and last amended on 2017-02-13. Previous Versions

 The operation of an entity charter shall be subject to the following conditions:

  • (a) the total amount of direct and indirect payments by the air carrier from all sources, by way of commission or other benefits, to any individuals, corporations, partnerships or organizations involved in the proposed charter shall not exceed an amount totalling five per cent of the charter price calculated in accordance with the applicable tariff in effect and on file with the Agency;

  • (b) notwithstanding paragraph (a), the air carrier shall pay no commission to the charterer;

  • (c) the charter price charged to the charterer shall be in accordance with the air carrier’s applicable tariff on file with the Agency and in effect on the date the charter contract is signed;

  • (d) the total amount paid for air transportation shall not be other than the charter price calculated in accordance with the tariff referred to in paragraph (c); and

  • (e) notwithstanding paragraph (a), any space not utilized by the charterer may, with the written concurrence of the charterer, be used by the air carrier.

  • SOR/96-335, s. 23.

 Notwithstanding paragraph (a) of the definition “entity charter” in section 2 and subparagraph 34(c)(i), the issue of a program permit or the deemed issuance of a small carrier charter permit by the Agency to an air carrier to operate an entity charter originating in Canada for the transportation of live cattle, equines, swine, sheep, goats and poultry is not subject to the condition that the cost of transportation be paid solely by the charterer if there is only one charterer per flight.

  • SOR/96-335, s. 23.
  •  (1) On receipt of an application that is made by a non-Canadian air carrier for a program permit to operate a fifth freedom entity charter and that satisfies the requirements of these Regulations, the Agency shall, by making particulars of the application available to all Canadian air carriers holding non-scheduled international licences valid for that entity charter, advise those carriers of the application.

  • (2) [Repealed, SOR/96-335, s. 24]

  • (3) Each air carrier advised pursuant to subsection (1) shall, within seven days after the receipt of the Agency’s advice, or within such other period as the Agency may indicate in the advice, file with the Agency a written notice, in which such departures from the particulars set out in the advice as the air carrier may propose shall be specified, if the air carrier is willing and able to undertake

    • (a) all entity charters indicated in the advice that are proposed to be operated as a series of flights; or

    • (b) any entity charter indicated in the advice that is proposed to be operated in a manner other than that described in paragraph (a).

  • (4) Where an air carrier files notice with the Agency in compliance with subsection (3), and the proposals of that air carrier are in accordance with the requirements of these Regulations, no program permit shall be issued to the non-Canadian air carrier in respect of the entity charter referred to in that subsection.

  • (5) Where a notice referred to in subsection (3) is received by the Agency from an air carrier holding a valid scheduled international licence and is in respect of an entity charter that is proposed to be operated between a point in Canada and a point in the territory of another country that are both served pursuant to the air carrier’s licence, the Agency may grant a program permit to perform the entity charter only to that air carrier.

  • (6) This section does not apply in respect of an application to operate a charter referred to in section 35 or in respect of an application by a United States charter carrier licensee who holds a valid non-scheduled international licence.

  • SOR/96-335, s. 24;
  • SOR/2017-19, s. 3.

 An air carrier that proposes to operate an entity charter with aircraft having an MCTOW of 35,000 pounds (15,900 kg) or less is deemed to have been issued a small carrier charter permit by the Agency for that purpose if the air carrier meets all the applicable requirements of the Act and these Regulations other than those that are solely in respect of an air carrier that proposes to operate an entity charter with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg).

  • SOR/92-709, s. 7;
  • SOR/96-335, s. 25.

DIVISION IVFlights Carrying Both Advance Booking Charter Passengers and Inclusive Tour Participants

 No air carrier shall operate an ABC/ITC originating in Canada unless the air carrier

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

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

  • SOR/92-709, s. 8;
  • SOR/96-335, s. 25.
  •  (1) An air carrier that proposes to operate an ABC/ITC with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall apply in writing to the Agency for a program permit in respect of the ABC/ITC.

  • (2) The application for the program permit shall be made by the air carrier as soon as the charter contract is signed or amended by the air carrier and the charterer or tour operator, and not less than 15 days and not more than one year before the date of the proposed ABC/ITC or, in the case of a proposed series of ABCs/ITCs, the date of the first flight.

  • (3) The application for the program permit shall contain

    • (a) a copy of the executed charter contracts relating to ABC and ITC transportation; and

    • (b) all the information to be submitted together with those contracts pursuant to Divisions V and VI.

  • SOR/96-335, s. 25.

 The Agency shall issue a program permit in respect of an ABC/ITC if the air carrier meets all applicable requirements of the Act and these Regulations.

  • SOR/96-335, s. 25.

 No air carrier shall operate an ABC/ITC originating in Canada unless

  • (a) the entire passenger seating capacity of the aircraft engaged in the ABC/ITC has been chartered; and

  • (b) each charterer or tour operator, as the case may be, has chartered for at least 20 seats assigned to either ABC or ITC transportation on that aircraft.

  • SOR/96-335, s. 25.

 Notwithstanding any other provision of this Part, advance booking charter passengers shall not be required to occupy seats covered by an ABC contract, and ITC tour participants shall not be required to occupy seats covered by an ITC contract, except on the outbound portions of their respective ABC or ITC trips.

  •  (1) Except as provided in this Division, the ABC portion of an ABC/ITC shall be governed by Division VI and the ITC portion thereof shall be governed by Division V.

  • (2) Paragraphs 43.1(e) and 43(3)(g) and (k) shall not apply to the ITC portion of an ABC/ITC, and that portion shall be deemed to constitute an ABC for the purpose of determining permissible points of origin and destination, durations and public solicitation.

  • SOR/96-335, s. 26.
  •  (1) Where there is any doubt as to the provisions of these Regulations governing an ABC/ITC, the provisions of Division VI shall prevail.

  • (2) Every ABC/ITC contract shall include a clause requiring observance of the conditions specified in subsection 43(3) and sections 51, 55, 57 and 59 and of the requirements of section 56.

  •  (1) Except as provided in subsection (3), an amendment to an ABC/ITC in respect of the proposed allocation of seats to ABC and ITC transportation on the outbound portion thereof, where there is at least one charterer and one tour operator who is not that charterer, shall be

    • (a) subject to paragraph 37.3(b); and

    • (b) where a program permit for the ABC/ITC has been issued by the Agency, submitted to the Agency, together with a copy of the executed charter contracts amended accordingly.

  • (1.1) The charterer and tour operator shall ensure that an amendment and copies of the amended charter contracts in respect of an ABC/ITC for which a program permit has been issued by the Agency are received by the Secretary not less than five days prior to the earliest prebooking deadline applicable to the sale of transportation on that ABC/ITC as authorized by the Agency.

  • (2) The Agency shall not disallow an amendment in respect of an ABC/ITC referred to in subsection (1.1) where it is received by the Secretary together with the copies of the amended charter contracts within the time limit set out in that subsection.

  • (3) An amendment to an ABC/ITC in respect of the proposed allocation of seats to ABC and ITC transportation on the outbound portion thereof, where the charterer and tour operator are the same person, shall be

    • (a) subject to paragraph 37.3(b); and

    • (b) where a program permit has been issued for the ABC/ITC, communicated to the Agency by letter or electronic message, at least five days prior to the earliest prebooking deadline applicable to the sale of transportation on that ABC/ITC as authorized by the Agency.

  • (4) An air carrier that holds a valid ABC/ITC program permit may

    • (a) modify the ABC/ITC program approved by that permit, on submitting to the Agency a letter or electronic message advising of changes, with respect to

      • (i) the type of aircraft used,

      • (ii) the seating capacity, or

      • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

    • (b) apply to the Agency in writing, submitting a modified ABC/ITC contract, to amend that permit by way of changes not described in paragraph (a).

  • (5) An air carrier modifying an ABC/ITC program in accordance with paragraph (4)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

  • (6) No application by an air carrier to amend, otherwise than in accordance with subsections (1) and (3) and paragraph (4)(a), a program permit issued to the air carrier shall be considered by the Agency unless the application is filed as described in section 37.1, except that applications to operate additional flights on or between the dates of the originally approved flights may be filed not less than five days prior to the earliest prebooking deadline applicable to the sale of transportation as established in section 56.

  • SOR/96-335, s. 27.
 
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