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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 IIDomestic and International Licences and Reduction in Domestic Services (continued)

[SOR/96-335, s. 5]

International Licensing

  •  (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  • (3) [Repealed, SOR/2019-176, s. 9]

  • SOR/96-335, s. 9
  • SOR/2019-176, s. 9

International Service Exclusions

 [Repealed, SOR/2019-176, s. 10]

 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.

  • SOR/96-335, s. 10

Licence Conditions

  •  (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.

  • SOR/96-335, s. 10
  • SOR/2019-176, s. 11

 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.

  • SOR/96-335, s. 10

 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.

  • SOR/92-709, s. 1
  • SOR/96-335, s. 10
  • SOR/98-197, s. 1
  • SOR/2019-176, s. 12

PART IIIInternational Charters

DIVISION IGeneral Provisions

Operation of International Charters

 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.

  • SOR/2019-176, s. 13

 [Repealed, SOR/2019-176, s. 13]

 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.

  • SOR/96-335, s. 11
  • SOR/2019-176, s. 13

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

Powers of the Agency

  •  (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.

  • SOR/96-335, s. 12
  • SOR/2019-176, s. 13

Carriage of Goods in Passenger Charters

 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.

  • SOR/2019-176, s. 13

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

Unused Space on Aircraft

 A licensee may, on an aircraft that is to be used for a charter flight, utilize any unused space on the aircraft for the transport of the licensee’s own goods and personnel and the goods and personnel of another licensee if the licensee has the prior concurrence of the charterer.

  • SOR/92-709, s. 3
  • SOR/96-335, s. 15
  • SOR/2017-19, s. 2
  • SOR/2019-176, s. 13

Charter Permit

  •  (1) A licensee that operates an international charter with aircraft having an MCTOW of 15 900 kg or less is deemed to have been issued a charter permit by the Agency for that purpose if the operation of the international charter is not contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party and the licensee does not contravene subsection 74(2) of the Act with respect to the operation of that international charter.

  • (2) For the purposes of subsection (1), when determining whether or not 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.

  • SOR/96-335, s. 16
  • SOR/2019-176, s. 13
 
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