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Air Transportation Regulations (SOR/88-58)

Regulations are current to 2022-06-01 and last amended on 2021-07-01. Previous Versions

PART VTariffs (continued)

DIVISION IIInternational (continued)

Powers of Attorney

  •  (1) Before an air carrier publishes tariffs through an agent, the carrier shall file with the Agency a power of attorney in the form set out in Schedule IX.

  • (2) Where an air carrier publishes tariffs through another air carrier or a corporation that is not an air carrier, the issuing carrier shall first file with the Agency a power of attorney in the form set out in Schedule X.

  • (3) Where two or more air carriers appoint the same agent, separate powers of attorney are required from those air carriers.

  • (4) Powers of attorney issued to two or more air carriers or other agents shall not result in the publication of duplicate or conflicting tariffs.

  • (5) A power of attorney may be cancelled by the substitution therefor of a new power of attorney expressly cancelling the power of attorney in force or by notice of revocation in the form set out in Schedule XI.

  • (6) A new power of attorney or notice of revocation shall be filed with the Agency at least 60 days before it becomes effective.

  • (7) A substitution or revocation that cancels a power of attorney and to which an agent has not given effect by modification of the tariff affected thereby shall not be taken into account by the Agency unless the air carrier has applied to and received from the Agency an order disallowing that tariff.

  • (8) Every agent’s tariff shall show the name of the air carrier for whom the agent acts, together with the serial number of the power of attorney authorizing the agent to publish and file tariffs for that carrier.

  • (9) Every agent’s tariff applicable jointly between or from points that air carriers are authorized to serve shall be filed by each agent in that agent’s own CTA(A) series unless all the air carriers appoint the same agent.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 75

Adopted Tariffs

  •  (1) Where an air carrier, in this section called an “adopted carrier”, changes its name or transfers the control of its operations, any other air carrier, in this section called an “adopting carrier”, that adopts the tariffs, concurrences therein, supplements and modifications thereof or other documents of the adopted carrier shall

    • (a) file with the Agency an adoption notice in the form set out in Schedule XII;

    • (b) file a power of attorney if the agent of the adopted carrier or a new agent is being appointed;

    • (c) make to every tariff referred to in the adoption notice such an amendment as to indicate the CTA(A) number of the adoption notice and, expressly, the fact that the tariff, including any amendment thereto, has become the tariff of the adopting carrier pursuant to the notice; and

    • (d) where the tariff to be amended is on paper, insert the adoption notice in the tariff on a page that remains in effect until the tariff is cancelled or amended in such manner as to remove any reference to the adopted carrier.

  • (2) Every supplement to a tariff of an adopted carrier that an adopting carrier publishes after the supplement referred to in paragraph (1)(d) shall

    • (a) contain the name of the adopting air carrier;

    • (b) be numbered consecutively following the number of the adoption supplement; and

    • (c) bear the CTA(A) number of the adopted carrier’s series and the name or initials of that carrier.

  • (3) Where a tariff in which an adopted carrier is named as a participant is published by other air carriers or agents, the tariff shall be amended to substitute for the name of that carrier, in the first supplement published by those air carriers or agents after the adoption takes effect, the name of the adopting carrier, and the supplement of the amended tariff shall include a provision to the effect that the adopting carrier, by its adoption notice, indicated by a CTA(A) number in that provision, has taken over the tariffs of that participant and that the name of the adopting carrier is substituted for the name of that participant, wherever it appears in the tariff, effective on the date of the adoption.

  • (4) Where a tariff on paper is amended in accordance with subsection (3), the substitution clause shall remain in effect until the tariff is cancelled or until all necessary amendments to the tariff have been effected to remove all references to the adopted carrier.

  • (5) Powers of attorney and certificates of concurrence adopted by an adopting carrier shall be replaced within 120 days by new powers of attorney and certificates of concurrence of that carrier, in which reference shall be made to the cancellation of the documents of the adopted carrier.

  • (6) [Repealed, SOR/96-335, s. 76]

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 76

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

PART VIService Schedules

Application

 This Part applies in respect of any scheduled international service operated by an air carrier.

  • SOR/96-335, s. 78

Validity of Service Schedules

  •  (1) A service schedule is valid beginning on its effective date unless the Agency rejects or disallows it.

  • (2) The Agency shall reject a service schedule if the Agency determines that the service schedule has not been filed in accordance with the requirements of this Part.

  • (3) The Agency shall disallow a service schedule if the Agency determines that it is inconsistent with the licence of the air carrier that filed it.

  • SOR/96-335, s. 78

Filing of Service Schedules

 An air carrier or its agent shall file with the Agency a service schedule or an amendment to a service schedule that includes the information required by section 139 and, where the service schedule is on paper, a filing advice that includes the information required by subsection 140(3).

  • SOR/93-253, s. 2(E)
  • SOR/96-335, s. 78
  •  (1) Every service schedule filed with the Agency shall be consecutively numbered with the prefix “CTA(A)GS”.

  • (2) [Repealed, SOR/96-335, s. 79]

  • (3) Every service schedule or amendment thereto shall be filed with the Agency at least 10 days, commencing on its receipt by the Agency and not on mailing, prior to the effective date of the schedule or amendment.

  • (4) A non-Canadian air carrier that operates a scheduled international service may file complete copies of the carrier’s service schedules.

  • (5) Where service schedules filed pursuant to subsection (4) include specific schedules of flights other than to or from points in Canada, these Regulations do not apply to those specific schedules.

  • SOR/93-253, s. 2
  • SOR/96-335, s. 79

Contents of Service Schedules

 Every service schedule shall contain the following information:

  • (a) the full name of the air carrier;

  • (b) the name and business address of an authorized officer or agent of the air carrier;

  • (c) the date of issuance and the effective date of the service schedule;

  • (d) the class of air service; and

  • (e) details of each air service to be operated by the air carrier, namely,

    • (i) the points served,

    • (ii) the frequency of service set out by day of the week,

    • (iii) the times of departure and arrival at each point,

    • (iv) the flight number or numbers assigned by the air carrier, and

    • (v) the type and usual configuration of aircraft used.

  • SOR/93-253, s. 2
  • SOR/94-379, s. 4(F)
  • SOR/96-335, s. 80
  • SOR/2017-19, s. 12(E)

Form of Service Schedules

  •  (1) An air carrier may file a service schedule and any amendment thereto on paper or in an electronic form that is compatible with the electronic systems used by the Agency.

  • (2) A service schedule on paper shall be plainly typewritten, printed or reproduced.

  • (3) Every filing advice shall contain the following information:

    • (a) the name, address, telephone and facsimile numbers of the air carrier and, where applicable, of the agent of the air carrier;

    • (b) the name and title of an authorized officer of the air carrier or its agent;

    • (c) the date of issuance and the effective date of the service schedule;

    • (d) the service schedule number in accordance with subsection 138(1);

    • (e) the number of pages of the service schedule or of any amendments thereto;

    • (f) a brief description of the contents of the service schedule;

    • (g) a description of any routes that have been amended by the service schedule; and

    • (h) a list of the persons who have been sent a copy of the service schedule.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 81

Public Inspection of Service Schedules

 Immediately on filing a service schedule with the Agency and thereafter until the service schedule is rejected or disallowed by the Agency or cancelled by the air carrier, every air carrier shall keep its current service schedule, with amendments, available for public inspection at each of its business offices.

  • SOR/96-335, s. 81

Operating Without Filing Amendments

[
  • SOR/98-197, s. 8
]
  •  (1) An air carrier may

    • (a) defer a flight if no traffic is offered for transportation between any of the points named in any schedule for a specific route at the time specified in that schedule; and

    • (b) cancel that flight if it is not required before the departure of the next succeeding flight and that flight has the capacity to accommodate all available traffic.

  • (2) Where a deferred flight referred to in subsection (1) has been delayed by weather, conditions affecting safety or abnormal operating conditions, the air carrier may consolidate the traffic of that flight with the traffic of another flight if, as a consequence, the traffic on the deferred flight is not unreasonably delayed and connections with other air services are not jeopardized.

  • (3) Where there is no traffic to be carried from or to an intermediate point on an air carrier’s flight and a stop is not otherwise required to be made pursuant to the air carrier’s licence, the air carrier may omit a stop at that point.

  • SOR/96-335, s. 82

Operations Without Filing Amendments

[
  • Repealed, SOR/98-197, s. 9
]

 An air carrier may, where to do so is consistent with its licence authority and without amending its service schedule,

  • (a) operate extra aircraft to accommodate an unusually heavy demand for transportation on a flight; and

  • (b) operate extra flights to accommodate demand for transportation between the flights as scheduled.

  • SOR/96-335, s. 83

Timetables

 Where an air carrier publishes a timetable,

  • (a) the timetable shall reflect the service schedule filed with the Agency; and

  • (b) the air carrier shall, at the time of publication, file the number of copies that are required by the Agency.

  • SOR/93-449, s. 2
  • SOR/96-335, s. 84

PART VIITerms and Conditions of Carriage of Persons

Interpretation

 In this Part,

extraordinary service

extraordinary service means any service related to a disability that is not required by this Part to be provided by an air carrier or any service that is not usually provided by an air carrier; (service inhabituel)

passenger seat

passenger seat means a seat on board an aircraft that is ordinarily occupied by a passenger; (siège passager)

person

person means a person with a disability who is, has been or will be a passenger on a flight operated by an air carrier. (personne)

  • SOR/93-449, s. 3

Application

  •  (1) This Part applies to an air carrier in respect of any domestic service operated by the air carrier with an aircraft that has 30 or more passenger seats, other than any air carrier that is subject to Part 2 of the Accessible Transportation for Persons with Disabilities Regulations.

  • (2) Nothing in this Part relieves any air carrier from complying with the provisions of any safety regulations made under the Aeronautics Act.

Services

  •  (1) Subject to section 151, an air carrier shall provide the following services to a person, if requested:

    • (a) assisting with registration at the check-in counter;

    • (b) assisting in proceeding to the boarding area;

    • (c) assisting in boarding and deplaning;

    • (d) assisting in stowing and retrieving the person’s carry-on baggage;

    • (e) transferring the person between the person’s own wheelchair, scooter or other mobility aid and a wheelchair, boarding chair or other mobility aid provided by the air carrier;

    • (f) transferring the person between a wheelchair, boarding chair or other mobility aid and the person’s passenger seat;

    • (g) assisting the person, other than by carrying the person, in moving to and from an aircraft washroom, including assisting the person in using an on-board wheelchair where one is available;

    • (h) assisting in retrieving the person’s checked baggage;

    • (i) assisting in proceeding to the general public area or, where a person is changing to a flight of another air carrier within the same terminal, to a representative of the receiving air carrier;

    • (j) serving special meals, where available, and providing limited assistance with meals such as opening packages, identifying items and cutting large food portions; and

    • (k) inquiring periodically during the flight about the person’s needs, and attending to those needs where the services required are usually provided by the air carrier, or where the services are required to be provided by the air carrier under this Part.

  • (2) When a reservation is being made for a person, the air carrier shall

    • (a) describe, if requested,

      • (i) the services that the air carrier is required, pursuant to this section and sections 148 and 149, to provide to persons and any conditions in respect of those services set out in those sections and section 151, and

      • (ii) any additional service that the air carrier provides to persons and any conditions in respect of that additional service; and

    • (b) confirm, after asking the person, which services that person requests.

  • (3) Where a person requests assistance in boarding or seating or in stowing carry-on baggage pursuant to subsection (1), an air carrier may require the person to board the aircraft in advance of other passengers.

  • SOR/93-449, s. 3
 
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