An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (S.C. 2007, c. 19)
Full Document:
Assented to 2007-06-22
14. (1) Subsection 56(1) of the Act is replaced by the following:
Marginal note:Non-application of Part
56. (1) This Part does not apply to a person that uses an aircraft on behalf of the Canadian Armed Forces or any other armed forces cooperating with the Canadian Armed Forces.
(2) Section 56 of the Act is amended by adding the following after subsection (2):
Marginal note:Emergency service exclusion
(3) This Part does not apply to the provision of an air service if the federal government or a provincial or a municipal government declares an emergency under federal or provincial law, and that government directly or indirectly requests that the air service be provided to respond to the emergency.
Marginal note:Public interest
(4) The Minister may, by order, prohibit the provision of an air service under subsection (3) or require the discontinuance of that air service if, in the opinion of the Minister, it is in the public interest to do so.
Marginal note:Not a statutory instrument
(5) The order is not a statutory instrument within the meaning of the Statutory Instruments Act.
Marginal note:2000, c. 15, s. 2
15. The heading before section 56.1 and sections 56.1 to 56.7 of the Act are repealed.
16. Section 59 of the Act is replaced by the following:
Marginal note:Prohibition re sale
59. No person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under this Part, a person holds a licence issued under this Part in respect of that service and that licence is not suspended.
Marginal note:2000, c. 15, s. 3
17. Subsection 64(1.2) of the Act is replaced by the following:
Marginal note:Discussion with elected officials
(1.2) A licensee shall, as soon as practicable, provide an opportunity for elected officials of the municipal or local government of the community of the point or points, as the case may be, to meet and discuss with the licensee the impact of the proposed discontinuance or reduction.
18. Paragraph 65(a) of the Act is replaced by the following:
(a) for such a period, not exceeding 120 days after the date of the finding by the Agency, as the Agency deems appropriate; and
Marginal note:2000, c. 15, s. 4
19. (1) Subsection 66(2) of the French version of the Act is replaced by the following:
Marginal note:Gamme de prix insuffisante
(2) S’il conclut, sur dépôt d’une plainte, qu’un licencié, y compris les licenciés de son groupe, est la seule personne à offrir un service intérieur entre deux points, d’une part, et que celui-ci offre une gamme de prix ou de taux insuffisante à l’égard de ce service, d’autre part, l’Office peut, par ordonnance, enjoindre au licencié, pour la période qu’il estime indiquée dans les circonstances, de publier et d’appliquer à l’égard de ce service un ou plusieurs prix ou taux supplémentaires qu’il estime indiqués dans les circonstances.
Marginal note:2000, c. 15, s. 4
(2) The portion of subsection 66(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Relevant information
(3) When making a finding under subsection (1) or (2) that a fare, cargo rate or increase in a fare or cargo rate published or offered in respect of a domestic service between two points is unreasonable or that a licensee is offering an inadequate range of fares or cargo rates in respect of a domestic service between two points, the Agency may take into consideration any information or factor that it considers relevant, including
Marginal note:2000, c. 15, s. 4
(3) Paragraph 66(3)(b) of the Act is replaced by the following:
(b) fares or cargo rates applicable to similar domestic services offered by the licensee and one or more other licensees, including terms and conditions related to the fares or cargo rates, the number of seats available at those fares and the cargo capacity and cargo container types available at those rates;
Marginal note:2000, c. 15, s. 4
(4) Paragraph 66(3)(c) of the Act is replaced by the following:
(c) any other information provided by the licensee, including information that the licensee is required to provide under section 83.
Marginal note:2000, c. 15, s. 4
(5) Subsection 66(4) of the Act is replaced by the following:
Marginal note:Alternative domestic services
(4) The Agency may find that a licensee is the only person providing a domestic service between two points if every alternative domestic service between those points is, in the Agency’s opinion, unreasonable, taking into consideration the number of stops, the number of seats offered, the frequency of service, the flight connections and the total travel time and, more specifically, in the case of cargo, the cargo capacity and cargo container types available.
Marginal note:Alternative service
(4.1) The Agency shall not make an order under subsection (1) or (2) in respect of a licensee found by the Agency to be the only person providing a domestic service between two points if, in the Agency’s opinion, there exists another domestic service that is not between the two points but is a reasonable alternative taking into consideration the convenience of access to the service, the number of stops, the number of seats offered, the frequency of service, the flight connections and the total travel time and, more specifically, in the case of cargo, the cargo capacity and cargo container types available.
Marginal note:2000, c. 15, s. 4
(6) Subsections 66(6) and (7) of the Act are repealed.
20. Paragraph 67(1)(a) of the Act is replaced by the following:
(a) display in a prominent place at the business offices of the licensee a sign indicating that the tariffs for the domestic service offered by the licensee, including the terms and conditions of carriage, are available for public inspection at the business offices of the licensee, and allow the public to make such inspections;
(a.1) publish the terms and conditions of carriage on any Internet site used by the licensee for selling the domestic service offered by the licensee;
Marginal note:2000, c. 15, s. 6
21. The portion of section 67.1 of the Act before paragraph (a) is replaced by the following:
Marginal note:Fares or rates not set out in tariff
67.1 If, on complaint in writing to the Agency by any person, the Agency finds that, contrary to subsection 67(3), the holder of a domestic licence has applied a fare, rate, charge or term or condition of carriage applicable to the domestic service it offers that is not set out in its tariffs, the Agency may order the licensee to
Marginal note:2000, c. 15, s. 6
22. Subsection 67.2(1) of the French version of the Act is replaced by the following:
Marginal note:Conditions déraisonnables
67.2 (1) S’il conclut, sur dépôt d’une plainte, que le titulaire d’une licence intérieure a appliqué pour un de ses services intérieurs des conditions de transport déraisonnables ou injustement discriminatoires, l’Office peut suspendre ou annuler ces conditions et leur en substituer de nouvelles.
Marginal note:2000, c. 15, s. 7
23. Subsection 68(1) of the Act is replaced by the following:
Marginal note:Non-application of fares, etc.
68. (1) Sections 66 to 67.2 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential.
Marginal note:Non-application of terms and conditions
(1.1) Sections 66 to 67.2 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees.
24. The Act is amended by adding the following after section 75:
Issuance of International Charter Permits
Marginal note:Issuance, amendment and cancellation of permits
75.1 The issuance of a permit for the operation of an international charter to a licensee and the amendment or cancellation of the permit shall be made in accordance with regulations made under paragraph 86(1)(e).
Marginal note:2000, c. 15, s. 7.1
25. Section 85.1 of the Act and the heading before it are replaced by the following:
Air Travel Complaints
Marginal note:Review and mediation
85.1 (1) If a person has made a complaint under any provision of this Part, the Agency, or a person authorized to act on the Agency’s behalf, shall review and may attempt to resolve the complaint and may, if appropriate, mediate or arrange for mediation of the complaint.
Marginal note:Report
(2) The Agency or a person authorized to act on the Agency’s behalf shall report to the parties outlining their positions regarding the complaint and any resolution of the complaint.
Marginal note:Complaint not resolved
(3) If the complaint is not resolved under this section to the complainant’s satisfaction, the complainant may request the Agency to deal with the complaint in accordance with the provisions of this Part under which the complaint has been made.
Marginal note:Further proceedings
(4) A member of the Agency or any person authorized to act on the Agency’s behalf who has been involved in attempting to resolve or mediate the complaint under this section may not act in any further proceedings before the Agency in respect of the complaint.
Marginal note:Extension of time
(5) The period of 120 days referred to in subsection 29(1) shall be extended by the period taken by the Agency or any person authorized to act on the Agency’s behalf to review and attempt to resolve or mediate the complaint under this section.
Marginal note:Part of annual report
(6) The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under this Part, the names of the carriers against whom the complaints were made, the manner complaints were dealt with and the systemic trends observed.
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