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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 IIIInternational Charters (continued)

DIVISION IIPassenger Resalable Charters (continued)

Charter Permit (continued)

 [Repealed, SOR/2019-176, s. 13]

 The Agency shall issue a charter permit to a licensee to operate a passenger resaleable charter or series of passenger resaleable charters if the licensee has met the requirements set out in subsections 34(1) to (7) and the licence issued to the licensee authorizes the operation of the flight or the series of flights.

  • SOR/96-335, s. 23
  • SOR/2019-176, s. 13
  •  (1) A licensee shall not operate a passenger resaleable charter or series of passenger resaleable charters that use aircraft having an MCTOW greater than 15 900 kg without meeting the following requirements unless they have a charter permit issued under section 37 that authorizes the licensee to operate the passenger resaleable charter or series of passenger resaleable charters:

    • (a) subject to subsection (2), notifies the Agency in writing of any amendment to the charter contract or arrangement after the issuance of the charter permit by submitting to the Agency a copy of the amended charter contract or arrangement at least three working days before the amendment takes effect and obtains an amended charter permit from the Agency;

    • (b) files without delay with the Agency any amendment to the financial guarantee; and

    • (c) notifies the Agency in writing of the cancellation of any charter flight set out in the charter contract or arrangement and specifies the number of the charter permit issued.

  • (2) Paragraph (1)(a) does not apply to a licensee if

    • (a) the licensee notifies the Agency in writing of any amendment to the charter contract or arrangement prior to the departure of the charter flight and the amendment

      • (i) relates to the aircraft type used and results in a decrease in or in no change to the passenger seating capacity of the aircraft used for the charter flight, or

      • (ii) relates to the date of the charter flight, if it will be operated not more than three days before or after the original date set out in the charter contract or arrangement; or

    • (b) the amendment to the charter contract or arrangement results in an increase in the passenger seating capacity of the aircraft used for the charter flight due to a change in the aircraft type used for the charter flight or due to any other change and the licensee submits to the Agency a copy of the amended charter contract or arrangement at least three working days before the amendment takes effect.

  • SOR/96-335, s. 24
  • SOR/2017-19, s. 3
  • SOR/2019-176, s. 13

 [Repealed, SOR/2019-176, s. 13]

  •  (1) On request, the Agency shall issue a charter permit to a licensee, that is valid for a period of up to one year, to operate a passenger resaleable charter or series of passenger resaleable charters with aircraft having an MCTOW greater than 15 900 kg without the requirement to apply for a charter permit under section 34 if the licence issued to the licensee authorizes the operation of the flight or the series of flights and the licensee

    • (a) holds a financial guarantee that meets the requirements of subsections 34(6) and (7) and files a copy of the financial guarantee with the Agency;

    • (b) files with the Agency a signed and witnessed statement by each charterer that certifies that the charterer is in possession of

      • (i) a copy of the financial guarantee and any amendments made to the financial guarantee; and

      • (ii) if the financial guarantee is a letter of credit, the original of the letter of credit and any amendments made to the letter of credit;

    • (c) files with the Agency proof that verifiable monitoring, compliance and disclosure systems situated in Canada have been instituted to enable the licensee, during the period of validity of the charter permit, to ensure that

      • (i) the level of protection specified in the financial guarantee is such that all advance payments are fully protected at all times, and

      • (ii) all provisions of the financial guarantee are fully complied with.

  • (2) The monitoring, compliance and disclosure systems shall not be modified in any way during the period of validity of the charter permit without the prior written approval of the Agency, which approval shall be given if the requirements set out in subparagraphs (1)(c)(i) and (ii) continue to be met.

  • (3) During the period of validity of the charter permit,

    • (a) the licensee shall include in every charter contract and arrangement that is in force during that period, the information and statement required under subsections 34(3) and (4) respectively;

    • (b) the licensee shall, in respect of a charter contract or arrangement referred to in paragraph (a), specify, on the page of the charter contract or arrangement that bears the signatures of both the licensee and the charterer, that a charter permit has been issued by the Agency and the period of the validity of the charter permit;

    • (c) the licensee shall provide each charterer with

      • (i) a copy of the financial guarantee and any amendments made to the financial guarantee in addition to signed documentation that establishes that the advance payments received by the licensee for each charter or series of charters are protected, or

      • (ii) if the financial guarantee is a letter of credit, the original of the letter of credit and any amendments made to the letter of credit;

    • (d) the provisions of subsection 34(8) and paragraph 36(1)(b) shall apply;

    • (e) the licensee shall file with the Agency a copy of all financial guarantees, other than the financial guarantees referred to in paragraph (1)(a), subsection 34(8) and paragraph 36(1)(b), prior to any advance payments being received from the charterer; and

    • (f) the licensee shall, upon filing with the Agency a copy of a financial guarantee pursuant to paragraph (e), file evidence with the Agency that

      • (i) the charterer has been provided with the financial guarantee in accordance with paragraph (c), and

      • (ii) the level of protection specified in the financial guarantee is such that all advance payments are fully protected at all times.

  • SOR/92-709, s. 8
  • SOR/96-335, s. 25
  • SOR/2019-176, s. 13

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 The licensee shall submit to the Agency in writing, within 30 days after the end of each month, a report respecting the passenger resaleable charter or series of passenger resaleable charters that were operated during the previous month with aircraft having an MCTOW greater than 15 900 kg pursuant to a charter permit that was issued under section 37 that sets out

  • (a) the aircraft type and number of available seats for each charter flight;

  • (b) every airport of enplanement or point of departure and every airport of deplanement or point of destination of each charter flight;

  • (c) the dates of departure and arrival of each charter flight; and

  • (d) for each charter flight, the number of Canadian-origin passengers and the number of foreign-origin passengers.

  • SOR/2019-176, s. 13

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/96-335, s. 33]

 
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