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Air Transportation Regulations (SOR/88-58)

Regulations are current to 2019-07-01 and last amended on 2019-07-01. Previous Versions

PART VTariffs (continued)

DIVISION IIInternational (continued)

Public Inspection of Tariffs

  •  (1) Every air carrier shall keep available for public inspection at each of its business offices a copy of every tariff in which the air carrier participates that applies to its international service.

  • (2) Every air carrier shall display in a prominent place at each of its business offices a sign indicating that the tariffs for the international service it offers, including the terms and conditions of carriage, are available for public inspection at its business offices.

  • (3) Every air carrier shall, for a period of three years after the date of any cancellation of a tariff participated in by the carrier, keep a copy of that tariff at the principal place of business in Canada of the carrier or at the place of business in Canada of the carrier’s agent.

  • SOR/96-335, s. 61(F)
  • SOR/2009-28, s. 2

Display of Terms and Conditions on Internet Sites

 An air carrier that sells or offers for sale an international service on its Internet site must also display on the site the terms and conditions of carriage applicable to that service and must post a notice to that effect in a prominent place on the site.

  • SOR/2009-28, s. 3

Unit Tolls

 Every air carrier operating a scheduled international service or a non-scheduled international service that is operated at a toll per unit of traffic shall publish all its tolls for those services

  • (a) in the case of passenger transportation, at a fare per person; and

  • (b) in the case of goods transportation, at a rate per pound, or other specified unit.

  • SOR/96-335, s. 62

Charter Tolls

  •  (1) Subject to subsection (2), every air carrier operating a non-scheduled international service on a charter basis shall publish all its tolls for those services at a rate per mile, where distance can be measured, or at a rate per hour where distance cannot be measured, which tolls shall be applicable to the entire capacity of the aircraft.

  • (2) An air carrier that operates a non-scheduled international service on a charter basis may, in lieu of tolls described in subsection (1), establish specific point-to-point flat sum charter prices.

  • SOR/96-335, s. 63

Currency

 All tolls shall be expressed in Canadian currency and may also be expressed in terms of currencies other than Canadian.

Manner of Tariff Filing

  •  (1) Tariffs may be filed with the Agency in paper or electronic form.

  • (2) Tariffs shall be maintained in a uniform and consistent manner and shall be numbered consecutively with the prefix “CTA(A)” and every issuing air carrier or agent of the carrier shall number tariffs in the carrier’s or agent’s own series.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 64
  • SOR/2019-176, s. 16

 [Repealed, SOR/96-335, s. 64]

Contents of Tariffs

 Every tariff shall contain

  • (a) the terms and conditions governing the tariff generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff;

  • (b) the tolls, together with the names of the points from and to which or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified; and

  • (c) the terms and conditions of carriage, clearly stating the air carrier’s policy in respect of at least the following matters, namely,

    • (i) the carriage of persons with disabilities,

    • (ii) acceptance of children for travel,

    • (iii) compensation for denial of boarding as a result of overbooking,

    • (iv) passenger re-routing,

    • (v) failure to operate the service or failure to operate on schedule,

    • (vi) refunds for services purchased but not used, whether in whole or in part, either as a result of the client’s unwillingness or inability to continue or the air carrier’s inability to provide the service for any reason,

    • (vii) ticket reservation, cancellation, confirmation, validity and loss,

    • (viii) refusal to transport passengers or goods,

    • (ix) method of calculation of charges not specifically set out in the tariff,

    • (x) limits of liability respecting passengers and goods,

    • (xi) exclusions from liability respecting passengers and goods, and

    • (xii) procedures to be followed, and time limitations, respecting claims.

  • SOR/93-253, s. 2
  • SOR/96-335, s. 65

 [Repealed, SOR/96-335, s. 65]

Supplements

  •  (1) A supplement to a tariff on paper shall be in book or pamphlet form and shall be published only for the purpose of amending or cancelling that tariff.

  • (2) Every supplement shall be prepared in accordance with a standard form provided by the Agency.

  • (3) Supplements are governed by the same provisions of these Regulations as are applicable to the tariff that the supplements amend or cancel.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 66

Symbols

 All abbreviations, notes, reference marks, symbols and technical terms shall be defined at the beginning of the tariff.

  • SOR/96-335, s. 66
  • SOR/2017-19, s. 9(E)

Reference to Orders

 Every tariff or portion thereof published pursuant to an order of the Agency shall make reference therein to the number and date of the order.

Disallowance

  •  (1) [Repealed, SOR/96-335, s. 67]

  • (2) Where a tariff or any portion thereof is disallowed, the CTA(A) number, supplement number or revised page number shall not be used again.

  • (3) A tariff or any portion thereof issued in substitution for a disallowed tariff or portion thereof shall make reference to the disallowed tariff or portion.

  • (4) Where any tariff or portion thereof of an air carrier operating a scheduled international service or operating a non-scheduled international service that is operated at a toll per unit of traffic, that contains through tolls applicable to the transportation of traffic between a point in Canada and a point in the territory of another country, is disallowed by the competent authorities of the other country, the issuing air carrier or agent shall immediately notify the Secretary of the disallowance and the Agency shall then also mark that tariff or portion as disallowed, and so advise the issuing air carrier or agent.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 67

Rejection

  •  (1) A document or any portion thereof that purports to be a tariff that does not comply with subsection 110(1) shall be rejected and has no force or effect.

  • (2) Where a tariff applicable to a scheduled international service or a non-scheduled international service that is operated at a toll per unit of traffic, containing published through tolls for transportation of traffic between Canada and any other country, is rejected by the competent authority of the other country, the issuing air carrier or agent shall immediately notify the Agency of the rejection.

  • SOR/96-335, s. 68

Cancellation of Tariffs

  •  (1) The cancellation of a tariff cancels all supplements thereto in effect at the time of the cancellation.

  • (2) When a tariff has been cancelled, it shall not be reinstated otherwise than by publication in accordance with these Regulations.

  • (3) A tariff shall be cancelled only by a supplement thereto, by another tariff of the issuing carrier or agent or by disallowance by the Agency.

  • (4) No tariff shall be cancelled by a supplement to another tariff.

  • (5) Where a tariff is cancelled by another tariff, the other tariff shall be in the same CTA(A) series as the cancelled tariff, except that, where an air carrier’s tariff is replaced by a tariff of an agent, the agent’s tariff shall expressly show that it cancels or replaces the carrier’s tariff.

  • (6) Where an air carrier’s tariff is replaced by an agent’s tariff, the carrier’s tariff shall be cancelled by a supplement thereto that makes reference to the CTA(A) number of the agent’s tariff.

  • (7) Where a tariff is replaced by two or more tariffs, the cancellation of that tariff shall be effected by a supplement that shows, with respect to the specific material to be cancelled, full CTA(A) reference to the tariffs in which the material will be found and the new tariffs shall make reference to the cancelled tariff.

  • (8) Where a portion of a tariff is to be transferred to another tariff, a specific cancellation of that portion shall be made by the publication of a supplement, a revised page or a new tariff showing full CTA(A) reference to the tariff in which the material will be set out in the future and to the tariff in which the material was formerly published.

  • (9) Where a new tariff partially replaces another tariff that is in effect, the new tariff shall specifically state the portions of the other tariff that are replaced, and the inconsistent portions of the other tariff shall be amended forthwith in accordance with these Regulations.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 69
 
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