Air Transportation Regulations

8.3 (1) The approval referred to in section 8.2 is not required if, in respect of the air service to be provided, the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5), are in effect and

• (a) the proposed air service is a service between Canada and the United States and both the licensee and the person who is providing all or part of the aircraft with flight crew hold a licence to operate the proposed service;

• (b) the proposed air service is an international service and a temporary and unforeseen circumstance has transpired within 72 hours before the planned departure time of a flight or the first flight of a series of flights that has forced the use of all or part of an aircraft, with flight crew, provided by another person for a period of not more than one week, and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (2);

• (c) the proposed air service is an international service to be provided through a commercial arrangement, including code-sharing, both the licensee and the person providing part or all of the aircraft with flight crew participate in the marketing of the service and the licensee has notified the Agency of the flight or the first flight of a series of flights in accordance with subsection (3); or

• (d) the proposed air service is a domestic service and the person who is providing all or part of the aircraft with flight crew holds a licence to operate the proposed service.

(2) The notification referred to in paragraph (1)(b) shall be given before the proposed flight or flights and shall contain

• (a) a description of the temporary and unforeseen circumstance and an explanation of why it requires the use of all or part of an aircraft with a flight crew provided by another person;

• (b) in respect of the air service to be provided,

  • (i) a statement that the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5) are in effect and that the liability insurance coverage is available for inspection by the Agency on request, or

  • (ii) where use of the aircraft and flight crew does not require an Agency licence, a copy of the Canadian aviation document and the certificate of liability insurance;

• (c) where the aircraft to be used is larger than that authorized in the charter permit, a statement that the number of seats sold will not be greater than the number authorized in the charter permit;

• (d) the name of the licensee;

• (e) the name of the person providing the aircraft with a flight crew;

• (f) the aircraft type to be provided;

• (g) the number of seats and the cargo capacity of the aircraft to be provided;

• (h) the date of each flight; and

• (i) the routing of each flight.

(3) The notification referred to in paragraph (1)(c) shall be given at least five business days before the date of the proposed flight or the first flight of a series of proposed flights and shall contain

• (a) the name of the licensee;

• (b) a description of the arrangement;

• (c) in respect of the proposed air service,

  • (i) a statement that the appropriate licence, Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) are in effect and that the liability insurance coverage is available for inspection by the Agency on request, and

  • (ii) the name of the operator of the aircraft;

• (d) the type of aircraft to be provided;

• (e) the points to be served;

• (f) the frequency of the service;

• (g) the period covered by the proposed air service; and

• (h) the reasons why the use of a commercial arrangement is necessary.