# Air Transportation Regulations (SOR/88-58)

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Regulations are current to 2020-02-11 and last amended on 2019-07-15. Previous Versions

## AMENDMENTS NOT IN FORCE

— SOR/2019-176, s. 3

(2) Paragraphs 7(1)(a) and (b) of the Regulations are replaced by the following:

(a) liability insurance covering injuries sustained by passengers while on board the aircraft engaged in the service or while embarking or disembarking the aircraft or death of passengers in an amount that is not less than the amount determined by multiplying $595,000, adjusted in accordance with section 7.1, by the number of passenger seats on board the aircraft engaged in the service; and

(b) third party liability insurance in an amount that is not less than

(i) where the MCTOW of the aircraft engaged in the service is not greater than 3 402 kg, $1,985,000, adjusted in accordance with section 7.1,

(ii) where the MCTOW of the aircraft engaged in the service is greater than 3 402 kg but not greater than 8 165 kg, $3,970,000, adjusted in accordance with section 7.1, and

(iii) where the MCTOW of the aircraft engaged in the service is greater than 8 165 kg, an initial amount of $3,970,000, adjusted in accordance with section 7.1, plus an amount, determined by multiplying $655, adjusted in accordance with section 7.1, by the number of kilograms, rounded to the nearest whole number, by which the MCTOW of the aircraft exceeds 8 165 kg.

(3) The portion of subsection 7(3) of the French version of the Regulations before paragraph (a) is replaced by the following:

(3) Il est interdit au transporteur aérien de souscrire, pour se conformer au paragraphe (1), une assurance responsabilité comportant une clause d’exclusion ou de renonciation qui réduit l’étendue des risques assurés en cas d’accident ou d’incident en deçà des sommes minimales établies en vertu de ce paragraphe, sauf si cette clause, selon le cas :

(4) [In force]

(5) Subsection 7(4) of the French version of the Regulations is replaced by the following:

(4) Le transporteur aérien peut souscrire une assurance tous risques à limite d’indemnité unique lorsque sa responsabilité est couverte par une seule police ou par un ensemble de polices primaires et complémentaires, auquel cas cette assurance doit prévoir une protection pour une somme au moins égale aux sommes minimales d’assurance combinées établies en vertu des alinéas (1)a) et b).

— SOR/2019-176, s. 4

4 The Regulations are amended by adding the following after section 7:

7.1 (1) The amount set out in paragraph 7(1)(a) by which the number of passenger seats on board the aircraft is multiplied is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:

A (B/C)

where

- A
- is $595,000;
- B
- is the Consumer Price Index for the calendar year that is two years before the year in which the adjustment is made; and
- C
- is the Consumer Price Index for 2017.

(2) The amount of money set out in subparagraph 7(1)(b)(i) is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:

A (B/C)

where

- A
- is $1,985,000;
- B
- is the Consumer Price Index for the calendar year that is two years before the year in which the adjustment is made; and
- C
- is the Consumer Price Index for 2017.

(3) The amount of money set out in subparagraph 7(1)(b)(ii) is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:

A (B/C)

where

- A
- is $3,970,000;
- B
- is the Consumer Price Index for the calendar year that is two years before the year in which the adjustment is made; and
- C
- is the Consumer Price Index for 2017.

(4) The initial amount of money set out in subparagraph 7(1)(b)(iii) is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded to the nearest $5,000:

A (B/C)

where

- A
- is $3,970,000;
- B
- C
- is the Consumer Price Index for 2017.

(5) The amount of money set out in subparagraph 7(1)(b)(iii) by which the number of kilograms of the MCTOW of the aircraft that exceeds 8 165 kg is multiplied is adjusted every five years starting on the day on which this section comes into force according to the following formula rounded off to the nearest $5:

A (B/C)

where

- A
- is $655;
- B
- C
- is the Consumer Price Index for 2017.

7.2 For the purposes of section 7.1,

(a) a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period;

(b) if at any time the Consumer Price Index for Canada is adjusted to reflect a new time basis, a corresponding adjustment is to be made in the Consumer Price Index for any 12-month period that is used for the purpose of calculating the amounts under section 7.1; and

(c) if at any time the Consumer Price Index for Canada is adjusted to reflect a new content basis, that adjustment does not affect the operation of section 7.1.

— SOR/2019-244, s. 241

241 Subsection 146(1) of the Air Transportation RegulationsFootnote

^{1}is replaced by the following:Return to footnote

^{1}SOR/88-58

146 (1) This Part applies to an air carrier in respect of any domestic service operated by the air carrier with an aircraft that has 30 or more passenger seats, other than any air carrier that is subject to Part 2 of the Accessible Transportation for Persons with Disabilities Regulations.

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