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Air Transportation Regulations (SOR/88-58)

Regulations are current to 2019-08-28 and last amended on 2019-07-15. Previous Versions

PART IGeneral (continued)

Provision of Aircraft with Flight Crew (continued)

  •  (1) The approval referred to in section 8.2 is not required if, in respect of the air service to be provided, the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5), are in effect and

    • (a) the proposed air service is a service between Canada and the United States and both the licensee and the person who is providing all or part of the aircraft with flight crew hold a licence to operate the proposed service;

    • (b) the proposed air service is an international service and a temporary and unforeseen circumstance has transpired within 72 hours before the planned departure time of a flight or the first flight of a series of flights that has forced the use of all or part of an aircraft, with flight crew, provided by another person for a period of not more than one week, and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (2);

    • (c) the proposed air service is an international service to be provided through a commercial arrangement, including code-sharing, both the licensee and the person providing part or all of the aircraft with flight crew participate in the marketing of the service and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (3); or

    • (d) the proposed air service is a domestic service and the person who is providing all or part of the aircraft with flight crew holds a licence to operate the proposed service.

  • (2) The notification referred to in paragraph (1)(b) shall be given before the proposed flight or flights and shall contain

    • (a) a description of the temporary and unforeseen circumstance and an explanation of why it requires the use of all or part of an aircraft with a flight crew provided by another person;

    • (b) in respect of the air service to be provided,

      • (i) a statement that the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5) are in effect and that the liability insurance coverage is available for inspection by the Agency on request, or

      • (ii) where use of the aircraft and flight crew does not require an Agency licence, a copy of the Canadian aviation document and the certificate of liability insurance;

    • (c) where the aircraft to be used is larger than that authorized in the charter permit, a statement that the number of seats sold will not be greater than the number authorized in the charter permit;

    • (d) the name of the licensee;

    • (e) the name of the person providing the aircraft with a flight crew;

    • (f) the aircraft type to be provided;

    • (g) the number of seats and the cargo capacity of the aircraft to be provided;

    • (h) the date of each flight; and

    • (i) the routing of each flight.

  • (3) The notification referred to in paragraph (1)(c) shall be given at least five business days before the date of the proposed flight or the first flight of a series of proposed flights and shall contain

    • (a) the name of the licensee;

    • (b) a description of the arrangement;

    • (c) in respect of the proposed air service,

      • (i) a statement that the appropriate licence, Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) are in effect and that the liability insurance coverage is available for inspection by the Agency on request, and

      • (ii) the name of the operator of the aircraft;

    • (d) the type of aircraft to be provided;

    • (e) the points to be served;

    • (f) the frequency of the service;

    • (g) the period covered by the proposed air service; and

    • (h) the reasons why the use of a commercial arrangement is necessary.

  • SOR/96-335, s. 4
  • SOR/2019-176, s. 7

 Where the Agency has granted an approval, or no approval is required pursuant to section 8.3, the licensee is not required to

  • (a) notwithstanding paragraph 18(a), furnish the services, equipment and facilities that are necessary for the purposes of the provision of the air service; or

  • (b) satisfy the condition set out in paragraph 18(c).

  • SOR/96-335, s. 4

Public Disclosure

  •  (1) Subject to subsection (4), a licensee that intends to provide an air service described in subsection 8.2(1) shall so notify the public in accordance with subsection (2).

  • (2) The licensee shall give notification that the air service referred to in subsection (1) is being operated using an aircraft and a flight crew provided by another person, and shall identify that person and specify the aircraft type

    • (a) on all service schedules, timetables, electronic displays and any other public advertising of the air service; and

    • (b) to travellers

      • (i) before reservation, or after reservation if the arrangement for the air service has been entered into after a reservation has been made, and

      • (ii) on check-in.

  • (3) A licensee shall identify the person providing the aircraft and specify the aircraft type for each segment of the journey on all travel documents, including, if issued, itineraries.

  • (4) Where paragraph 8.3(1)(b) applies, a licensee is exempt from having to comply with the requirements of subsection (1), paragraph (2)(a), subparagraph (2)(b)(i) and subsection (3) only if the licensee has made every effort to comply with them.

  • (5) Where an approval is required by subsection 8.2(1) or an acknowledgement is required by paragraph 8.3(1)(b), the licensee may give the notification referred to in subsection (2) before receipt of the approval or acknowledgement if the notification contains a statement that the provision of the air service using all or part of an aircraft, with a flight crew, provided by a person other than the licensee is subject to the consent of the Agency.

  • SOR/96-335, s. 4
  • SOR/2017-19, s. 1(F)

 [Repealed, SOR/96-335, s. 4]

PART IIDomestic and International Licences and Reduction in Domestic Services

[SOR/96-335, s. 5]

Domestic Licensing

  •  (1) An applicant for a domestic licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence to establish that the applicant

    • (a) is a Canadian or is exempted from that requirement under section 62 of the Act;

    • (b) holds a Canadian aviation document that is valid in respect of the air service to be provided under the licence;

    • (c) has the liability insurance coverage required by section 7 in respect of the air service to be provided under the licence and has complied with section 8; and

    • (d) where the applicant is required to meet the financial requirements set out in section 8.1, meets those requirements.

  • (2) [Repealed, SOR/2019-176, s. 8]

  • SOR/96-335, s. 6
  • SOR/2019-176, s. 8

 [Repealed, SOR/96-335, s. 7]

Reduction or Discontinuance of Domestic Services

[SOR/2001-71, s. 1]
  •  (1) For the purposes of subsection 64(1) of the Act, a licensee proposing to discontinue or to reduce the frequency of a domestic service to a point to less than one flight per week, where, as a result of the proposed discontinuance or reduction, there will be only one licensee or no licensee offering at least one flight per week to that point, shall give notice of the proposal

    • (a) to the Agency, to the Minister and to the minister responsible for transportation in the province or territory where the area to be affected is located, by sending them a notice in the form set out in Schedule III; and

    • (b) to holders of domestic licences operating in the area to be affected by the proposal and to persons resident therein, by publishing notice in the form set out in Schedule III in newspapers with the largest circulation in that area in each official language, the names of which newspapers shall be obtainable from the Agency on request by the licensee.

  • (1.1) For the purposes of subsection 64(1.1) of the Act, a licensee proposing to discontinue a year-round non-stop scheduled air service between two points in Canada, where the proposed discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points, shall give notice of the proposal to the persons, and in the manner, referred to in paragraphs (1)(a) and (b).

  • (2) The date of the notice referred to in paragraph (1)(b) shall be the same as the date on which the notice appears in the newspaper.

  • SOR/96-335, s. 8
  • SOR/2001-71, s. 2
 
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