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Canada Transportation Act

Version of section 86 from 2018-05-23 to 2024-05-01:


Marginal note:Regulations

  •  (1) The Agency may make regulations

    • (a) classifying air services;

    • (b) classifying aircraft;

    • (c) prescribing liability insurance coverage requirements for air services or aircraft;

    • (d) prescribing financial requirements for each class of air service or aircraft;

    • (e) respecting the issuance, amendment and cancellation of permits for the operation of international charters;

    • (f) respecting the duration and renewal of licences;

    • (g) respecting the amendment of licences;

    • (h) respecting traffic and tariffs, fares, rates, charges and terms and conditions of carriage for international service, including

      • (i) providing for the disallowance or suspension by the Agency of any tariff, fare, rate or charge,

      • (ii) providing for the establishment and substitution by the Agency of any tariff, fare, rate or charge disallowed by the Agency,

      • (iii) authorizing the Agency to direct a licensee or carrier to take the corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage that are applicable to the service it offers and that were set out in its tariffs, if the Agency receives a written complaint and, if the complaint is related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1), it is filed by the person adversely affected,

      • (iii.1) authorizing the Agency to make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b), to the extent that it considers appropriate, and

      • (iv) requiring a licensee or carrier to display the terms and conditions of carriage for its international service on its Internet site, if the site is used for selling the international service of the licensee or carrier;

    • (i) requiring licensees to file with the Agency any documents and information relating to activities under their licences that are necessary for the purposes of enabling the Agency to exercise its powers and perform its duties and functions under this Part and respecting the manner in which and the times at which the documents and information are to be filed;

    • (j) requiring licensees to include in contracts or arrangements with travel wholesalers, tour operators, charterers or other persons associated with the provision of air services to the public, or to make those contracts and arrangements subject to, terms and conditions specified or referred to in the regulations;

    • (k) defining words and expressions for the purposes of this Part;

    • (l) excluding a person from any of the requirements of this Part;

    • (m) prescribing any matter or thing that by this Part is to be prescribed; and

    • (n) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:Exclusion not to provide certain relief

    (2) No regulation shall be made under paragraph (1)(l) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service.

  • (3) [Repealed, 2007, c. 19, s. 26]

  • 1996, c. 10, s. 86
  • 2000, c. 15, s. 8
  • 2007, c. 19, s. 26
  • 2018, c. 10, s. 18

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