Air Transportation Regulations (SOR/88-58)

8.4 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).

Public Disclosure

• 8.5 (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.

9 [Repealed, SOR/96-335, s. 4]

PART IIDomestic and International Licences and Reduction in Domestic Services

Domestic Licensing

• 10 (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]

11 to 13 [Repealed, SOR/96-335, s. 7]

Reduction or Discontinuance of Domestic Services

• 14 (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.

International Licensing

• 15 (1) An applicant for a scheduled international 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 eligible to hold a scheduled international licence;

  • (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) An applicant for a non-scheduled international licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence that

  • (a) meets the requirements of paragraphs (1)(b) to (d); and

  • (b) establishes that

    • (i) the applicant is a Canadian, or

    • (ii) where the applicant is a non-Canadian, the applicant holds a document issued by the government of the applicant’s state or an agent thereof, in respect of the air service to be provided, that is equivalent to the non-scheduled international licence for which the application is being made.

• (3) [Repealed, SOR/2019-176, s. 9]

International Service Exclusions

16 [Repealed, SOR/2019-176, s. 10]

17 A non-Canadian air carrier is exempt from the requirement set out in paragraph 57(a) of the Act where the carrier disembarks passengers or goods in Canada as a result of circumstances beyond the carrier’s control.

Licence Conditions

• 18 (1) Every scheduled international licence and non-scheduled international licence is subject to the following conditions:

  • (a) the licensee shall, on reasonable request therefor, provide transportation in accordance with the terms and conditions of the licence and shall furnish such services, equipment and facilities as are necessary for the purposes of that transportation;

  • (b) the licensee shall not make publicly any statement that is false or misleading with respect to the licensee’s air service or any service incidental thereto; and

  • (c) the licensee shall not operate an international service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

• (2) The condition set out in paragraph (1)(c) does not apply to advertising put on the exterior of the aircraft.

19 Subject to sections 142 and 143, every scheduled international licence shall be subject to the condition that the licensee shall, subject to any delays due to weather, conditions affecting safety or abnormal operating conditions, operate every flight in accordance with its service schedule.

20 Every licensee who holds a non-scheduled international licence is subject to the condition that they must not operate a passenger non-resaleable charter with a person who obtains payment for the transportation of passengers and goods at a toll per unit.

PART IIIInternational Charters

DIVISION IGeneral Provisions

Operation of International Charters

21 Subject to sections 28 and 29, an air carrier shall not operate an international charter unless the Agency has issued a charter permit to the air carrier, or the air carrier has been deemed to have been issued a charter permit, in respect of that charter.

21.1 [Repealed, SOR/2019-176, s. 13]

22 If the Agency has issued a charter permit to a licensee for the operation of an international charter, the licensee must operate the international charter in accordance with the information that they submitted in order to obtain the charter permit.

22.1 [Repealed, SOR/2019-176, s. 13]

22.2 [Repealed, SOR/2019-176, s. 13]

Powers of the Agency

• 23 (1) The Agency may

  • (a) deny an application for a charter permit made under subsection 27(1) if the licensee does not meet the requirements set out in that subsection;

  • (b) deny an application for a charter permit made under section 34 if the licensee does not meet the requirements set out in subsections 34(1) to (7); and

  • (c) deny a request for a charter permit made under subsection 37(1) if the licensee does not meet the requirements set out in that subsection.

• (2) If the operation of an international charter is contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the international charter is not operated in accordance with the information that the licensee submitted in order to operate the international charter or the licensee who operates the international charter contravenes subsection 74(2) of the Act with respect to the operation of that international charter,

  • (a) the Agency may cancel the charter permit that was issued for that international charter, and in the case of a charter permit issued under section 37, the Agency may refuse to issue any other charter permit under that section for a period not exceeding 12 months after the date of cancellation; and

  • (b) if this Division does not otherwise require the licensee who is operating the international charter to obtain prior approval, the Agency shall require, by notice in writing, the licensee to obtain a charter permit.

• (3) If the operation of an international charter operated pursuant to a charter permit issued under section 37 is contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the international charter is not operated in accordance with the information that the licensee submitted in order to obtain a charter permit or the licensee who operates the international charter contravenes subsection 74(2) of the Act with respect to the operation of that international charter, the Agency shall require, by notice in writing, the licensee who is operating the international charter to apply for a charter permit in accordance with section 34 in which case the charter permit issued under section 37 is automatically cancelled.

• (4) For the purposes of subsections (2) and (3), when determining whether the operation of an international charter is contrary to any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, international reciprocity in matters of air transportation shall be taken into consideration.

Carriage of Goods in Passenger Charters

24 If a part of the bellyhold or main deck of an aircraft is not required for use pursuant to a charter contract or arrangement with respect to a passenger resaleable charter or passenger non-resaleable charter, a licensee may charter that part of the bellyhold or main deck for the carriage of goods if the goods are carried

• (a) in that part of the bellyhold or main deck of the aircraft that is not required for use pursuant to the charter contract or arrangement;

• (b) pursuant to another international charter contract or arrangement that is in respect of only that part of the bellyhold or main deck of the aircraft; or

• (c) between the points served for the purpose of enplaning or deplaning passengers.