Air Travellers Security Charge Act

Marginal note:Refund of charge if service not provided

• 32 (1) A designated air carrier may refund or credit an amount to a person if

  • (a) the carrier collected the amount from the person as or on account of a charge in respect of an air transportation service acquired by the person;

  • (b) the person was required by this Act to pay a charge in respect of the service; and

  • (c) the service

    • (i) was not used by any person before all rights to be provided the transportation by air included in the service expired, or

    • (ii) was used only partially before all rights to be provided the transportation by air included in the service expired if the part that was used would not, by itself, be subject to a charge.

• Marginal note:Refund of charge collected in error

  (2) A designated air carrier that has collected from a person an amount as or on account of a charge in excess of the charge that was collectible by the carrier from the person may refund or credit the excess to that person.

• Marginal note:Issuance of document evidencing refund

  (3) A designated air carrier that refunds or credits an amount to a person in accordance with subsection (1) or (2) within two years after the day the amount was collected shall, within a reasonable time, issue to the person a document containing information specified by the Minister.

• Marginal note:Deduction of refund

  (4) A designated air carrier that has refunded or credited an amount under subsection (1) or (2) within two years after the day the amount was collected and that has issued to a person a document in accordance with subsection (3) may deduct the amount of the refund or credit from the amount payable by the carrier under subsection 17(2) for the fiscal month of the carrier in which the document is issued to the person, to the extent that the amount of the charge has been included by the carrier in determining the amount payable by the carrier under subsection 17(2) for the fiscal month or a preceding fiscal month of the carrier.