Transportation Information Regulations (SOR/96-334)

5 A level I air carrier, level II air carrier or level III air carrier that transported more than 10 000 tonnes of cargo in the previous calendar year, and a foreign air carrier that transported more than 10 000 tonnes of cargo to or from Canada in the previous calendar year, must provide to the Minister information about the supply chain, including

• (a) if the air carrier is a participant in the International Air Transport Association’s Cargo 2000 program, the date and time and the location of each step within the supply chain, as determined by the Cargo 2000 program; or

• (b) if the air carrier is not a participant in the International Air Transport Association’s Cargo 2000 program,

  • (i) the date and time when, and the location where, each shipment of the cargo was delivered to the carrier, and

  • (ii) the date and time when, and the location where, each shipment of the cargo was ready to be picked up from the carrier.

• 6 (1) A general aviation operator must provide to the Minister, in respect of the aircraft that it operates for general aviation for purposes that are not exclusively recreational,

  • (a) if at least one of the aircraft has a maximum certificated take-off weight of 5 670 kg or more, information about each flight, including

    • (i) the departure and arrival aerodrome,

    • (ii) the aircraft’s model and registration mark,

    • (iii) the type of operator certificate under which the flight was operated, and

    • (iv) the number of passengers and the amount of cargo on board;

  • (b) if none of the aircraft has a maximum certificated take-off weight of 5 670 kg or more, information aggregated on a quarterly basis about each aircraft, including

    • (i) its model and registration mark,

    • (ii) the number of passengers it transported,

    • (iii) the types of operator certificates under which the flights were operated,

    • (iv) the ten most frequented aerodromes,

    • (v) its base of operation,

    • (vi) the number of take-offs and landings for flights to and from the same aerodrome, between two aerodromes in Canada or between an aerodrome in Canada and an aerodrome outside of Canada, and

    • (vii) the average distance flown;

  • (c) its expenses, including its expenses for maintenance and fuel, aerodrome fees, airport fees, air navigation fees and other fees; and

  • (d) the number of aircraft and the amount of fuel they consumed.

• (2) A general aviation operator must provide the information required by subsection (1) electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program.

• 7 (1) An air carrier or general aviation operator referred to in column I of Schedule I must provide to the Minister the details relating to the information required by sections 4 to 6 that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

• (2) If the form and manner of providing the details are set out in column V of Schedule I, an air carrier or general aviation operator referred to in column I must provide the details to the Minister in the form and manner set out.

• (3) If two forms are referred to in column II of Schedule I, the details provided for in either of the forms may be provided to the Minister.

7.1 An air carrier that sells the entire capacity of an aircraft for a flight to another air carrier must, in respect of that capacity, provide to the Minister the information, and the details relating to the information, that the other air carrier would have been required to provide under sections 4, 5 and 7 if the other air carrier had been operating the aircraft.

• 7.2 (1) Subject to subsection (6), a large air carrier must provide to the Minister on a monthly basis the following information for each passenger flight it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originates in or is destined for an aerodrome in Canada:

  • (a) the aircraft’s registration mark;

  • (b) the flight number;

  • (c) the aerodromes of origin and destination;

  • (d) the marketing air carrier and operating air carrier codes;

  • (e) the scheduled date and time of departure and arrival at the gate;

  • (f) the actual date and time of departure and arrival at the gate;

  • (g) the date and time of take-off and landing;

  • (h) the delay in number of minutes, by cause, if applicable;

  • (i) an indication of whether passengers were provided with the opportunity to disembark, if a flight is delayed on the tarmac at an airport in Canada for more than three hours after the doors of the aircraft are closed for take-off or after the flight has landed;

  • (j) an indication of whether the flight was cancelled and the cause; and

  • (k) an indication of whether the flight was diverted.

• (2) Subject to subsection (6), a large air carrier must provide to the Minister on a monthly basis and aggregated by flight segment, the following information in respect of passenger flights it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originate in or are destined for an aerodrome in Canada:

  • (a) in the case of denial of boarding within the meaning of the Air Passenger Protection Regulations,

    • (i) the number of passengers who were denied boarding,

    • (ii) the number of passengers who gave up their seat on an involuntary basis,

    • (iii) the number of passengers who gave up their seat on a voluntary basis,

    • (iv) the number of passengers boarded, and

    • (v) the reason for the denial of boarding;

  • (b) the number of pieces of checked baggage;

  • (c) the number of pieces of checked baggage that have been lost for more than 21 days;

  • (d) the number of pieces of damaged checked baggage; and

  • (e) the number of complaints received and recorded by the air carrier in respect of

    • (i) the assignment of seats to children under the age of 14 years,

    • (ii) the transportation of musical instruments, and

    • (iii) the provision of information to passengers in a timely manner, in the case of a flight delay or flight cancellation.

• (3) A small air carrier must provide to the Minister on a quarterly basis and aggregated by flight segment, the following information in respect of passenger flights it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originate in or are destined for an aerodrome in Canada:

  • (a) the number of flights;

  • (b) the marketing air carrier and operating air carrier codes;

  • (c) the number of flights, as applicable

    • (i) cancelled, by cause,

    • (ii) delayed, by cause, and

    • (iii) delayed on the tarmac at an airport in Canada for more than three hours after the doors of the aircraft are closed for take-off or after the flight has landed;

  • (d) in the case of denial of boarding within the meaning of the Air Passenger Protection Regulations,

    • (i) the number of passengers who were denied boarding,

    • (ii) the number of passengers who gave up their seat on an involuntary basis,

    • (iii) the number of passengers who gave up their seat on a voluntary basis,

    • (iv) the number of passengers boarded, and

    • (v) the reason for the denial of boarding; and

  • (e) the number of complaints received and recorded by the air carrier in respect of

    • (i) the assignment of seats to children under the age of 14 years,

    • (ii) the transportation of musical instruments, and

    • (iii) the provision of information to passengers in a timely manner, in the case of a flight delay or flight cancellation.

• (4) A small air carrier must provide to the Minister on a quarterly basis and aggregated by arrival aerodrome, the following information in respect of passenger flights it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originate in or are destined for an aerodrome in Canada:

  • (a) the number of pieces of checked baggage;

  • (b) the number of pieces of lost checked baggage that have been lost for more than 21 days; and

  • (c) the number of pieces of damaged checked baggage.

• (5) The information required by subsections (1) to (4) must be provided using Transport Canada’s Electronic Collection of Air Transportation Statistics program within 30 days after the last day of the reporting period.

• (6) A large air carrier must provide the information required by subsections (1) and (2) for the 90-day period beginning on the day on which this section comes into force, within 30 days after the last day of that period.

7.3 Section 7.2 does not apply in respect of a charter service operated by an air carrier if the block of seats of an aircraft that is reserved is not resold to the public.

PART IIRail Carriers

Interpretation

8 The definitions in this section apply in this Part.

class I rail carrier

class I rail carrier means a railway company that realized gross revenues of at least $250,000,000 for the provision of rail services in each of the two calendar years before the year in which information is provided pursuant to this Part. (transporteur ferroviaire de catégorie I)

class II rail carrier

class II rail carrier means a railway company that realized gross revenues of less than $250,000,000 for the provision of rail services in each of the two calendar years before the year in which information is provided pursuant to this Part. (transporteur ferroviaire de catégorie II)

class III rail carrier

class III rail carrier means a railway company, other than a class I rail carrier or a class II rail carrier, that is engaged in the operation of bridges, tunnels and stations. (transporteur ferroviaire de catégorie III)

gross ton miles per mile of track

gross ton miles per mile of track means the number of tons of freight transported by a train and the number of tons of locomotives and cars of the train multiplied by the distance travelled and divided by the length of track operated. (tonnes-milles brutes par mille de voie)

infant

infant means a person who is less than two years of age. (enfant en bas âge)

movement event

movement event means

• (a) the placement of a railway car at a location by a class I rail carrier for the loading or unloading of grain;

• (b) the release of a railway car by a shipper, consignee or terminal for transportation by a class I rail carrier;

• (c) the transportation of a railway car by a class I rail carrier; or

• (d) the constructive or actual placement of a railway car at a location by a class I rail carrier. (événement de mouvement)

passholder

passholder means a person who is an employee of a rail carrier or is otherwise entitled to be transported by a rail carrier without charge or at a reduced fare. (titulaire de laissez-passer)

railway company

railway company has the meaning assigned to that term in section 87 of the Act. (compagnie de chemin de fer)

revenue passenger

revenue passenger, in respect of a rail carrier, means a passenger the charge for whose transportation is remunerated to the rail carrier based on a tariff for the transportation. (passager payant)

Western Division

Western Division has the same meaning as in section 147 of the Act. (région de l’Ouest)

Information

• 9 (1) A rail carrier referred to in column I of an item of Schedule II must provide to the Minister the information that is required by the form set out in column II of the item in respect of the reporting period set out in column III of that item by no later than the day set out in column IV of that item.

• (2) [Repealed, SOR/2013-196, s. 7]

• 10 (1) A class I rail carrier that transports freight must provide to the Minister financial and operating information for the rail carrier’s Canadian operations, in respect of each quarterly and annual reporting period, that consists of the rail carrier’s unaudited financial statement that is prepared according to generally accepted accounting principles.

• (2) A class I rail carrier that transports freight must provide to the Minister rail traffic information, in duplicate, in respect of each quarterly and annual reporting period, that consists of a statement that indicates

  • (a) the code that identifies the rail carrier and the last two digits of the year in which the transportation takes place;

  • (b) whether the rail carrier transports freight that is

    • (i) transferred to another rail carrier,

    • (ii) tranferred from another rail carrier,

    • (iii) for a portion of the transport in Canada, where the transport begins and ends in the United States,

    • (iv) transferred from a vessel, based on the rail origin,

    • (v) transferred to a vessel, based on the rail destination,

    • (vi) transferred from a truck, based on the rail origin, or

    • (vii) transferred to a truck, based on the rail destination;

  • (c) the geographic location code, where the transport began or ended in Canada, the alphanumeric code that identifies the province or the state in which the transport began or ended, and, if applicable, the geographic location code of the junction at which freight is transferred to or from another rail carrier, the code that identifies that rail carrier and the code that identifies the rail carrier on which the transport began or ended;

  • (d) the alphanumeric code that identifies imports and exports, the code that identifies the border crossing location, the standard transportation commodity code, the code that identifies the type of equipment used, the number of carloads and the commodity tonnage;

  • (e) the gross waybill revenue, the portion of the waybill revenue received by the rail carrier that provides the information, the miles in respect of which the gross waybill revenue was derived, the two-digit commodity code and, if applicable, the code that identifies dangerous goods, the gross tonnage of any grain that is transported and an intermodal traffic indicator;

  • (f) in the case of the movement of grain, the gross tonnage of the grain transported each month; and

  • (g) in the case of the transportation of dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the hazardous materials commodity code assigned to the goods by the United States Bureau of Explosives.

• (3) Class I rail carriers that transport freight must provide to the Minister, rail traffic density information, in duplicate, in respect of each annual reporting period, including

  • (a) the gross ton miles per mile of track on segments between stations, aggregated to comprise subdivisions; and

  • (b) the number of multiple tracks in each segment between stations and the length of the segment in miles of track.

• (4) A class I rail carrier that transports freight must provide to the Minister railway costs and rate determination information, as well as supporting information, for the rail carrier’s Canadian operations, in respect of each annual reporting period, including

  • (a) average long-term variable costs for the rail system;

  • (b) operating statistics for the rail system and rail cost centres and by equipment type and type of service; and

  • (c) operating expenses for the rail system and rail cost centres and by equipment type and type of service.