Air Transportation Regulations

78 (1) Notwithstanding any other provision of this Division, where the Agency determines that the operation of a TPC, TPNC, TGC or TUSC as the case may be, is contrary to any of the conditions referred to in section 76, the Agency may

• (a) deny an application for or cancel a program permit, in whole or in part, referred to in section 92;

• (b) deny an application for or cancel a charter authorization referred to in section 95;

• (c) cancel a small carrier charter permit that is deemed to have been issued pursuant to section 94;

• (d) deny an application for or cancel an approval referred to in subsection (3), section 99 or 101 or paragraph 103.5(1)(c); or

• (e) require an air carrier to comply with any requirements that the Agency imposes that are necessary to ensure compliance with these Regulations

  • (i) in respect of a program permit issued pursuant to section 92 or from time to time thereafter,

  • (ii) in respect of a small carrier charter permit that is deemed to have been issued pursuant to section 94,

  • (iii) in respect of a charter authorization issued pursuant to section 95 or from time to time thereafter, or

  • (iv) in respect of an approval granted pursuant to subsection (4), 99(5), 101(5) or 103.5(2) or from time to time thereafter.

(2) Where the Agency determines that it is necessary in order for the operation of a TPC to meet the conditions set out in section 76, the Agency shall require, by notice in writing, an air carrier operating a TPC or series of TPCs pursuant to a charter authorization to obtain a program permit in accordance with sections 91 and 92 prior to the operation of the TPC or any TPC in the series, in which case the charter authorization is automatically cancelled.

(3) Where the Agency determines that it is necessary in order for the operation of a TPC, TPNC or TGC, as the case may be, to meet the conditions set out in section 76, the Agency shall require, by notice in writing, an air carrier to obtain the approval of the Agency prior to the operation of any TPNC or TGC, or prior to the subcontracting of any TPC, TPNC or TGC, where the provisions of this Division do not otherwise require the air carrier to obtain prior approval.

(4) The Agency shall grant the approval referred to in subsection (3) where the Agency determines that the operation of the charter is not contrary to any of the conditions set out in section 76.

(5) When determining whether the operation of a transborder charter may contravene paragraph 76(b), (c) or (d), the Agency shall take into consideration international reciprocity in matters of air transportation.