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• 8.2 (1) For the purposes of section 60 of the Act and subject to section 8.3, approval of the Agency is required before a person may provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee’s licence and before a licensee may provide an air service using all or part of an aircraft, with flight crew, provided by another person.

• (2) The licensee and the person who provides all or part of an aircraft with flight crew shall apply to the Agency for the approval at least 15 business days before the date of the first proposed flight.

• (3) The application shall include the following:

  • [...]

  • (d) the name of the person providing the aircraft with flight crew;

  • [...]

  • (j) an explanation of why the use by the licensee of all or part of an aircraft with a flight crew provided by another person is necessary.

• (4) The licensee shall maintain liability insurance covering injuries sustained by passengers and the death of passengers and third party liability insurance coverage for an air service for which another person provides all or part of an aircraft with flight crew, at least in the amount as determined under section 7,

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• (5) Where the licensee is named as an additional insured under the policy of the person who is providing all or part of an aircraft with flight crew, there must be a written agreement between the licensee and the person to the effect that, for all flights for which the person provides all or part of an aircraft with flight crew, the person will hold the licensee harmless from, and indemnify the licensee for, all passenger and third party liabilities while passengers or cargo transported under contract with the licensee are under the control of the person.

• (6) The licensee and the person who provides the aircraft with flight crew shall notify the Agency in writing forthwith if the liability insurance coverage referred to in subsection (4) and, where applicable, subsection (5) has been cancelled or altered in any manner that results in failure by the licensee or the person to maintain the coverage.

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• 8.3 (1) The approval referred to in section 8.2 is not required if, in respect of the air service to be provided, the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5), are in effect and

  • (a) the proposed air service is a service between Canada and the United States and both the licensee and the person who is providing all or part of the aircraft with flight crew hold a licence to operate the proposed service;

  • (b) the proposed air service is an international service and a temporary and unforeseen circumstance has transpired within 72 hours before the planned departure time of a flight or the first flight of a series of flights that has forced the use of all or part of an aircraft, with flight crew, provided by another person for a period of not more than one week, and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (2);

  • (c) the proposed air service is an international service to be provided through a commercial arrangement, including code-sharing, both the licensee and the person providing part or all of the aircraft with flight crew participate in the marketing of the service and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (3); or

  • (d) the proposed air service is a domestic service and the person who is providing all or part of the aircraft with flight crew holds a licence to operate the proposed service.

• (2) The notification referred to in paragraph (1)(b) shall be given before the proposed flight or flights and shall contain

  • (a) a description of the temporary and unforeseen circumstance and an explanation of why it requires the use of all or part of an aircraft with a flight crew provided by another person;

  • (b) in respect of the air service to be provided,

    • [...]

    • (ii) where use of the aircraft and flight crew does not require an Agency licence, a copy of the Canadian aviation document and the certificate of liability insurance;

  • [...]

  • (e) the name of the person providing the aircraft with a flight crew;

  • [...]

  • (h) the date of each flight; and

  • (i) the routing of each flight.

• (3) The notification referred to in paragraph (1)(c) shall be given at least five business days before the date of the proposed flight or the first flight of a series of proposed flights and shall contain

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2 In these Regulations and Part II of the Act,

ABC/ITC

ABC/ITC means a passenger charter flight on which both advance booking passengers and inclusive tour participants are carried and that is operated pursuant to Division IV of Part III; (VARA/VAFO)

advance booking charter

advance booking charter or ABC means a round-trip passenger flight originating in Canada that is operated according to the conditions of a contract entered into between one or two air carriers and one or more charterers that requires the charterer or charterers to charter the entire passenger seating capacity of an aircraft for resale by them to the public, at a price per seat, not later than a specified number of days prior to the date of departure of the flight from its origin in Canada; (vol affrété avec réservation anticipée ou VARA)

air crew

air crew means the flight crew and one or more persons who, under the authority of an air carrier, perform in-flight duties in the passenger cabin of an aircraft of the air carrier; (personnel d’aéronef)

back-to-back flights

back-to-back flights [Repealed, SOR/96-335, s. 1]

common purpose charter

common purpose charter or CPC means a round-trip passenger flight originating in Canada that is operated according to the conditions of a contract entered into between one or two air carriers and one or more charterers that requires the charterer or charterers to charter the entire passenger seating capacity of an aircraft to provide transportation at a price per seat to passengers

[...]

entity charter

entity charter means a flight operated according to the conditions of a charter contract under which

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fifth freedom

fifth freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of embarking or disembarking in Canada passengers or goods destined for, or coming from, the territory of a country other than that of the non-Canadian air carrier; (cinquième liberté)

flight crew

flight crew means one or more persons acting as pilot-in-command, second officer, co-pilot, flight navigator or flight engineer during flight time; (équipage)

fourth freedom

fourth freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of embarking in Canada passengers or goods destined for the territory of the country of the non-Canadian air carrier and includes the privilege of disembarking such passengers in Canada on return from that territory; (quatrième liberté)

inclusive tour charter

inclusive tour charter or ITC means a passenger flight operated according to the conditions of a contract entered into between an air carrier and one or more tour operators that requires the tour operator or tour operators to charter the entire passenger seating capacity of an aircraft for resale by them to the public at an inclusive tour price per seat; (vol affrété pour voyage à forfait ou VAFO)

MCTOW

MCTOW means the maximum certificated take-off weight for aircraft as shown in the aircraft flight manual referred to in the aircraft’s Certificate of Airworthiness issued by the competent Canadian or foreign authority; (MMHD)

passenger

passenger means a person, other than a member of the air crew, who uses an air carrier’s domestic service or international service by boarding the air carrier’s aircraft pursuant to a valid contract or arrangement; (passager)

permit

permit means a document issued or deemed to be issued by the Agency authorizing an air carrier holding a non-scheduled international licence, valid for the proposed flight or series of flights, to operate a charter flight or series of charter flights; (permis)

public liability

public liability means legal liability of an air carrier, arising from the air carrier’s operation, ownership or possession of an aircraft, for

• (a) injury to or death of persons other than the air carrier’s passengers, air crew or employees, and

third freedom

third freedom means the privilege of a non-Canadian air carrier, where operating a charter flight, of disembarking in Canada passengers who, or goods that, originated in the territory of the country of the non-Canadian air carrier and includes the privilege of re-embarking such passengers in Canada for the purpose of returning them to that territory; (troisième liberté)

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• 8.2 (1) For the purposes of section 60 of the Act and subject to section 8.3, approval of the Agency is required before a person may provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee’s licence and before a licensee may provide an air service using all or part of an aircraft, with flight crew, provided by another person.

• (2) The person who provides an aircraft to a licensee and the licensee shall apply to the Agency for an approval referred to in subsection (1) at least 45 days before the first planned flight.

• (3) The application shall include the following:

  • [...]

  • (d) the name of the person providing the aircraft with flight crew;

  • [...]

  • (j) an explanation of why the use by the licensee of all or part of an aircraft with a flight crew provided by another person is necessary.

• (4) The licensee shall maintain passenger and third party liability insurance coverage for a service for which another person provides an aircraft with flight crew, at least in the amounts set out in section 7,

  [...]

• (5) Where the licensee is named as an additional insured under the policy of the person referred to in subsection (4), there must be a written agreement between the licensee and the person to the effect that, for all flights for which the person provides aircraft with flight crew, the person will hold the licensee harmless from, and indemnify the licensee for, all passenger and third party liabilities while passengers or cargo transported under contract with the licensee are under the control of the person.

• (6) The licensee and the person who provides the aircraft with flight crew shall notify the Agency in writing forthwith if the liability insurance coverage referred to in subsection (4) and, where applicable, subsection (5) has been cancelled or altered in any manner that results in failure by the licensee or the person to maintain the coverage.

[...]

• 8.3 (1) The approval referred to in section 8.2 is not required if, in respect of the air service to be provided, the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5), are in effect and

  • [...]

  • (b) where the air service to be provided is an international service, a temporary and unforeseen circumstance has transpired within 72 hours before the planned departure time of a flight or the first flight of a series of flights that has forced the use of all or part of an aircraft, with a flight crew, provided by another person for a period of not more than one week, and the licensee

    • (i) has notified the Agency of the proposed flight or the first flight of a series of flights covering a period of not more than one week in accordance with subsection (2), and

• (2) The notification referred to in paragraph (1)(b) shall be given before the proposed flight or flights and shall contain

  • (a) a description of the temporary and unforeseen circumstance and an explanation of why it requires the use of all or part of an aircraft with a flight crew provided by another person;

  • (b) in respect of the air service to be provided,

    • [...]

    • (ii) where use of the aircraft and flight crew does not require an Agency licence, a copy of the Canadian aviation document and the certificate of liability insurance;

  • [...]

  • (e) the name of the person providing the aircraft with a flight crew;

  • [...]

  • (h) the date of each flight; and

  • (i) the routing of each flight.

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