Short Title

1 These Regulations may be cited as the Charter Flights Airport Facilities Reservation Regulations.

Interpretation

2 In these Regulations,

air carrier

air carrier means any person who operates a commercial air service; (transporteur aérien)

airport manager

airport manager means the person in charge of an airport or the authorized representative of that person; (directeur d’aéroport)

applicant

applicant means an air carrier who applies for a reservation referred to in section 4; (requérant)

regular charter flight

regular charter flight means a passenger charter flight that is operated by an air carrier on a program basis and for which

• (a) schedules are provided six months in advance in respect of international flights and three months in advance in respect of domestic flights to the airport manager of each airport listed in the schedule that the air carrier uses for the purposes of the flight, and

• (b) the apron and terminal facilities of each airport are reserved through established scheduling procedures; (vol d’affrètement régulier)

reservation

reservation means a reservation of the apron and terminal facilities of an airport listed in the schedule. (réservation)

Application

3 These Regulations do not apply in respect of a passenger charter flight that is operated during the times, if any, specified in the current Notice to Airmen (NOTAM) issued by the Department of Transport, Civil Aeronautics Branch.

Reservations

• 4 (1) Every air carrier shall, before operating a passenger charter flight, other than a regular charter flight, with an aircraft that has a maximum certified take-off weight of 35,000 pounds or over, apply to the airport manager of each airport listed in the schedule that will be used for the purposes of the flight to reserve the airport apron and terminal facilities needed to accommodate the arrival or departure of the flight.

• (2) An air carrier shall apply for a reservation by submitting an application therefor to each airport manager

  • (a) at least 30 days before the date of the proposed flight; or

  • (b) where a permit in respect of the proposed flight is issued under the Air Carrier Regulations less than 30 days before that date, as soon as possible following the receipt by the air carrier of the permit.

• (3) The application referred to in subsection (2) shall be made in writing and shall contain the following information:

  • (a) the name and address of the applicant;

  • (b) the name and address of a responsible officer or agent of the applicant in Canada to whom notices may be sent;

  • (c) the identification number or name of the proposed flight;

  • (d) the estimated number of passengers on the proposed flight;

  • (e) the type of aircraft that will be used for the proposed flight;

  • (f) the origin and destination of the proposed flight including intermediate stops; and

  • (g) the proposed date and time of arrival and date and time of departure of the aircraft at the airport.

• 5 (1) An airport manager who receives an application for a reservation shall

  • (a) make the reservation at the time requested by the applicant if, taking into account all other prearranged aircraft and passenger activities and the facilities and services available at the airport, the airport is capable of accommodating the proposed flight, or

  • (b) reject the application, if the airport is not capable of accommodating the proposed flight

  and notify the applicant in writing in respect of the making of the reservation or rejection of the application not later than two working days after the day he receives the application.

• (2) Where an airport manager rejects an application under subsection (1), he shall, at the same time that he notifies the applicant pursuant to that subsection, propose an alternate time or times for the reservation and the applicant shall reply promptly to the proposal so that a reservation may be made as soon as possible.

6 Every air carrier shall schedule the arrival and departure of an aircraft in respect of which the air carrier has obtained a reservation at the time specified in the reservation.

7 Where an air carrier obtains a reservation and subsequently determines that the time specified in the reservation cannot be met, the air carrier shall forthwith notify the airport manager who made the reservation and, where the proposed flight is to be re-scheduled to arrive at or depart from an airport listed in the schedule at another time, the air carrier shall apply for a new reservation.