PART IAdministration (continued)
Review of Arrangements Involving Two or More Transportation Undertakings Providing Air Services (continued)
53.74 An authorization given by the Minister under subsection 53.73(8) does not affect any requirement that a transportation undertaking providing air services, as defined in subsection 55(1), be Canadian, as defined in that subsection.
Marginal note:Varying or rescinding terms and conditions
53.75 On application by any party who is subject to terms and conditions of an authorization, the Minister may, after consulting with the Commissioner of Competition, vary or rescind the terms and conditions and shall make public a summary of that decision that does not include any confidential information.
Marginal note:Proposed amendment to arrangement
53.76 (1) The parties to an authorized arrangement may propose an amendment to that arrangement to the Minister and he or she may, after consulting with the Commissioner of Competition and considering the significance of the amendment,
(a) authorize the amendment, subject to any terms and conditions that the Minister may impose; or
(b) require the parties to submit a new notice under subsection 53.71(1) for review of the proposed amended arrangement, unless the parties decide not to proceed with the amendment.
Marginal note:No confidential information made public
(2) If the Minister authorizes the amendment under paragraph (1)(a), he or she shall make public a summary of that decision that does not include any confidential information.
Marginal note:Concerns regarding authorized arrangement
53.77 (1) The Minister may, at any time after the second anniversary of the day on which an arrangement is authorized, notify the parties of any concerns raised by the arrangement with respect to the public interest and competition.
Marginal note:Measures to address concerns
(2) The parties shall, within 45 days after the day on which they receive the notice under subsection (1), provide a response in writing to the Minister, specifying, among other things, any measures they are prepared to undertake to address those concerns. The parties may propose amendments to the arrangement.
Marginal note:Continuing the authorization
(3) If, after consulting with the Commissioner, the Minister determines that the arrangement is still in the public interest, the authorization is continued subject to any new or amended terms and conditions specified by the Minister to address the concerns referred to in subsection (1).
Marginal note:Obligation to comply with terms and conditions
53.78 Every person who is subject to terms and conditions under subsection 53.73(8), section 53.75, paragraph 53.76(a) or subsection 53.77(3) shall comply with them.
Marginal note:Revoking authorization — false or misleading information
53.79 (1) The Minister may revoke an authorization at any time if it was granted on the basis of information that is false or misleading in a material respect or if the parties fail to comply with any of the authorization’s terms or conditions.
Marginal note:Revoking authorization — other grounds
(2) The Minister may also revoke the authorization of an arrangement if
(a) that arrangement is significantly amended without prior authorization; or
(b) the Minister, after considering any response of the parties to the concerns raised under subsection 53.77(1), is no longer satisfied that the arrangement is in the public interest.
Marginal note:Withdrawing notice
53.8 (1) A notice given under subsection 53.71(1) may be withdrawn at any time before a final decision is rendered under subsection 53.73(8).
Marginal note:Deemed withdrawal
(2) A notice is deemed to have been withdrawn if the parties fail to respond to the Minister within any period specified in subsection 53.73(5) or (7) or any extended period, as the case may be.
Marginal note:Effect of withdrawal
(3) If a notice given under subsection 53.71(1) is withdrawn or is deemed to have been withdrawn, section 53.72 no longer applies to the proposed arrangement.
Marginal note:Extension of time
53.81 The Minister may, at the request of the parties or on the Minister’s own initiative, extend any period specified in section 53.71, 53.73 or 53.77 if the Minister considers it appropriate in the circumstances, including when the arrangement is exceptionally complex.
53.82 If a person contravenes sections 53.72 or 53.78, a superior court may, on application by the Minister, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Minister shall notify the Commissioner of Competition before making an application.
Marginal note:Offence — section 53.72 or 53.78
53.83 (1) Every person who contravenes section 53.72 or 53.78 is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years or to a fine of not more than $10,000,000, or to both.
Marginal note:Continuing offence
(2) If an offence under subsection (1) for the contravention of section 53.78 is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.
Marginal note:Officers, etc., of corporations
(3) If a corporation commits an offence under subsection (1), any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Marginal note:Sections 174 and 175 do not apply
(4) Sections 174 and 175 do not apply in respect of an offence committed under subsection (1).
Marginal note:Cost recovery
53.84 (1) The Governor in Council may make regulations respecting
(a) the fees to be paid by the parties to an arrangement for any activities undertaken by the Minister under sections 53.71 to 53.76 that are related to the arrangement, including the method of calculating the fees; and
(b) the refund of all or part of any fee referred to in paragraph (a), including the method of calculating the refund.
Marginal note:Amounts not to exceed cost
(2) The fees referred to in paragraph (1)(a) shall not exceed the costs related to the activities undertaken by the Minister under sections 53.71 to 53.76 that are related to the arrangement.
Marginal note:Remittance of fees and charges
(3) The fees paid in accordance with regulations made under subsection (1) shall be deposited to the credit of the Receiver General in the time and manner prescribed under those regulations.
Marginal note:Spending authority
(4) The Minister may spend the amounts deposited under subsection (3) in the fiscal year in which they are paid or in the next fiscal year.
Marginal note:Appointment of receiver not to bar jurisdiction
54 (1) The fact that a receiver, manager or other official of a carrier, or a receiver of the property of a carrier, has been appointed by a court in Canada, or is managing or operating a mode of transportation under the authority of any such court, is not a bar to the exercise of any jurisdiction granted under this Act, but every such receiver, manager or official is bound to manage and operate the mode of transportation in accordance with this Act and with the orders, regulations and directions made or issued under this Act, notwithstanding the fact that the receiver, manager, official or person has been appointed by or acts under the authority of a court.
Marginal note:Adaptation orders
(2) Wherever by reason of insolvency, sale under mortgage or any other cause, a transportation undertaking or a portion of a transportation undertaking is operated, managed or held otherwise than by the carrier, the Agency or the Minister may make any order it considers proper for adapting and applying the provisions of this Act.
PART IIAir Transportation
Interpretation and Application
55 (1) In this Part,
aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act; (aéronef)
- air service
air service means a service, provided by means of an aircraft, that is publicly available for the transportation of passengers or goods, or both; (service aérien)
- basic fare
basic fare means
(a) the fare in the tariff of the holder of a domestic licence that has no restrictions and represents the lowest amount to be paid for one-way air transportation of an adult with reasonable baggage between two points in Canada, or
(b) where the licensee has more than one such fare between two points in Canada and the amount of any of those fares is dependent on the time of day or day of the week of travel, or both, the highest of those fares; (prix de base)
(a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,
(b) a government in Canada or an agent or mandatary of such a government, or
(c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 51% of the voting interests are owned and controlled by Canadians and where
(i) no more than 25% of the voting interests are owned directly or indirectly by any single non-Canadian, either individually or in affiliation with another person, and
(ii) no more than 25% of the voting interests are owned directly or indirectly by one or more non-Canadians authorized to provide an air service in any jurisdiction, either individually or in affiliation with another person; (Canadien)
- Canadian aviation document
Canadian aviation document has the same meaning as in subsection 3(1) of the Aeronautics Act; (document d’aviation canadien)
- domestic licence
domestic licence means a licence issued under section 61; (Version anglaise seulement)
- domestic service
domestic service means an air service between points in Canada, from and to the same point in Canada or between Canada and a point outside Canada that is not in the territory of another country; (service intérieur)
- international service
international service means an air service between Canada and a point in the territory of another country; (service international)
licensee means the holder of a licence issued by the Agency under this Part; (licencié)
- non-scheduled international licence
non-scheduled international licence means a licence issued under subsection 73(1); (Version anglaise seulement)
- non-scheduled international service
non-scheduled international service means an international service other than a scheduled international service; (service international à la demande)
prescribed means prescribed by regulations made under section 86; (règlement)
- scheduled international licence
scheduled international licence means a licence issued under subsection 69(1); (Version anglaise seulement)
- scheduled international service
scheduled international service means an international service that is a scheduled service pursuant to
(a) an agreement or arrangement for the provision of that service to which Canada is a party, or
(b) a determination made under section 70; (service international régulier)
tariff means a schedule of fares, rates, charges and terms and conditions of carriage applicable to the provision of an air service and other incidental services. (tarif)
(2) For the purposes of this Part,
(a) one corporation is affiliated with another corporation if
(i) one of them is a subsidiary of the other,
(ii) both are subsidiaries of the same corporation, or
(iii) both are controlled by the same person;
(b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other;
(c) a partnership or sole proprietorship is affiliated with another partnership or sole proprietorship if both are controlled by the same person;
(d) a corporation is affiliated with a partnership or a sole proprietorship if both are controlled by the same person;
(e) a corporation is a subsidiary of another corporation if it is controlled by that other corporation or by a subsidiary of that other corporation;
(f) a corporation is controlled by a person other than Her Majesty in right of Canada or a province if
(i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and
(ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;
(g) a corporation is controlled by Her Majesty in right of Canada or a province if
(i) the corporation is controlled by Her Majesty in the manner described in paragraph (f), or
(ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by
(A) the Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, or
(B) a Minister of the government of Canada or the province, as the case may be; and
(h) a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than 50% of the profits of the partnership or more than 50% of its assets on dissolution.
Marginal note:Definition of person
(3) In subsection (2), person includes an individual, a partnership, an association, a corporation, a trustee, an executor, a liquidator of a succession, an administrator or a legal representative.
Marginal note:Control in fact
(4) For greater certainty, nothing in subsection (2) shall be construed to affect the meaning of the expression “controlled in fact” in the definition Canadian in subsection (1).
- 1996, c. 10, s. 55
- 2000, c. 15, s. 1
- 2001, c. 27, s. 222
- 2018, c. 10, s. 15
- Date modified: