Competition Act

Marginal note:Travel agents

• 4.1 (1) Sections 45 and 61 do not apply in respect of a contract, an agreement or an arrangement that is between or among travel agents and that is only in respect of the negotiation of commissions on ticket sales for domestic flights paid to travel agents by an airline that, with its affiliates, accounts for at least 60% of the revenue passenger-kilometers of all domestic services over the 12 months immediately before the contract, agreement or arrangement was entered into.

• Marginal note:Tribunal certificate

  (2) If, on application by an airline, the Tribunal finds that the airline and its affiliates account for less than 60% of the revenue passenger-kilometers of all domestic services over the 12 months immediately before the application, the Tribunal shall issue a certificate to that effect.

• Marginal note:Effect of certificate

  (3) Subsection (1) does not apply in respect of an airline that holds a certificate issued under subsection (2).

• Marginal note:Revocation of certificate

  (4) If, on application by a travel agent, the Tribunal finds that an airline that holds a certificate issued under subsection (2) and its affiliates account for at least 60% of the revenue passenger-kilometers of all domestic services over the 12 months immediately before the application, the Tribunal shall revoke the certificate.

• Marginal note:Opportunity to be heard

  (5) Before issuing a certificate under subsection (2) or revoking a certificate under subsection (4), the Tribunal shall afford the Commissioner and, in the case of revocation, any airline in respect of which the revocation of the certificate is sought, a reasonable opportunity to be heard.

• Marginal note:Definitions

  (6) The definitions in this subsection apply in this section.

  airline

  ligne aérienne

  airline means a person licensed under section 61 of the Canada Transportation Act to operate a domestic service. (ligne aérienne)

  domestic service

  service intérieur

  domestic service has the same meaning as in subsection 55(1) of the Canada Transportation Act. (service intérieur)

  travel agent

  agent de voyage

  travel agent means a person who issues, on behalf of an airline, tickets for travel on a domestic service. (agent de voyage)