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Canadian Computer Reservation Systems (CRS) Regulations (SOR/95-275)

Regulations are current to 2019-11-19 and last amended on 2009-06-04. Previous Versions

Canadian Computer Reservation Systems (CRS) Regulations

SOR/95-275

AERONAUTICS ACT

Registration 1995-06-06

Regulations Respecting Computer Reservation Systems (CRS) Operated in Canada for the Purpose of Displaying or Selling Air Services

P.C. 1995-887 1995-06-06

Whereas the Government wishes to promote aeronautics, in accordance with the Aeronautics Act, by ensuring that air carriers offering passenger air services that are displayed or sold in Canada are guaranteed fair and neutral presentation of those services in any computer reservation system operated in Canada for the purpose of displaying or selling air services;

And Whereas the Government wishes to promote aeronautics by ensuring that travel agents and consumers have access to comprehensive, neutral information about passenger air services that are displayed or sold in Canada;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 4.3(2)Footnote * and section 4.9Footnote ** of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting computer reservation systems (CRS) operated in Canada for the purpose of displaying or selling air services.

Short Title

 These Regulations may be cited as the Canadian Computer Reservation Systems (CRS) Regulations.

Interpretation

 In these Regulations,

affiliate

affiliate means an entity, other than a charterer or a subscriber, that is owned by, controlled by or under common control with a carrier; (société affiliée)

air service

air service means a service for the transportation of passengers that is provided by means of an aircraft and that is publicly available; (service aérien)

availability

availability means information provided in a display with respect to the seats a carrier holds out as available for sale on a particular flight; (places disponibles)

carrier

carrier means an air carrier that provides an air service that is sold in Canada; (transporteur)

charter air service

charter air service means an air service that is made available by a carrier to a charterer and that excludes any other services not related to air transport; (service aérien affrété)

charterer

charterer means a travel organizer or wholesaler that has contracted with a carrier to charter all or part of the seating capacity of an aircraft and that makes that seating capacity publicly available for the transportation of passengers; (affréteur)

consumer

consumer[Repealed, SOR/2004-91, s. 1]

default display

default display means the display, selected by a subscriber, that appears automatically on the screen unless the subscriber has entered a request, specific to a transaction, for another display to appear; (affichage par défaut)

discriminate

discriminate, discrimination and discriminatory mean, respectively, to discriminate unjustly, unjust discrimination and unjustly discriminatory; (exercer une discrimination, discrimination and discriminatoire)

display

display means the presentation by a system of carrier schedules, fares, rules or availability to a subscriber by means of a video display terminal; (affichage)

distribution facilities

distribution facilities means facilities provided to subscribers by a system vendor for the provision of information about carrier schedules, fares, rules, availability and related services and for making reservations, issuing tickets or providing any other related services; (infrastructures de distribution)

edit

edit means to select and order air service options on the basis of service characteristics; (mettre en forme)

elapsed journey time

elapsed journey time means the time difference between the scheduled departure time from the point of origin and the scheduled arrival time at the point of destination in a given city-pair market; (durée totale du voyage)

fare

fare means the price to be paid for an air service and the terms and conditions under which that price applies; (tarif)

hosted carrier

hosted carrier means a carrier that has an agreement or arrangement with a system vendor for hosting services; (transporteur bénéficiaire)

hosting services

hosting services means services for the management of seat inventory, and ancillary computer services not directly related to displays, that are provided by a system vendor to a carrier in accordance with an agreement or arrangement; (services d’hébergement de données)

intermediary

intermediary means an organization that aggregates carrier information and data and transmits it to a system; (intermédiaire)

obligated carrier

obligated carrier[Repealed, SOR/2004-91, s. 1]

participating carrier

participating carrier means a carrier that has an agreement or arrangement with a system vendor for the display of its schedules, fares, rules or availability, or for the making of reservations or the issuing of tickets through a system; (transporteur participant)

service enhancement

service enhancement means any additional product or service related to air transportation that is offered by a system vendor to participating carriers and made available to subscribers in conjunction with a system, and may include access links providing last seat availability, seat selection and the issuing of boarding passes; (service supplémentaire)

subscriber

subscriber means a travel agent or other entity that holds itself out to the public as a source of information about the air service industry, that makes reservations or issues tickets for air services and that contracts with a system vendor to use a system; (abonné)

system

system means a computer reservation system that is offered by a system vendor to subscribers, that contains information about the schedules, fares, rules or availability of more than one carrier and that provides subscribers with the capability to make reservations or to issue tickets for air services; (système)

system owner

system owner[Repealed, SOR/2004-91, s. 1]

system vendor

system vendor means an entity that owns, controls, operates, markets or distributes a system; (serveur de système)

tourism product

tourism product means a pre-arranged combination of an air service and other services not related to air transportation that is offered for sale at an all-inclusive price. (produit de tourisme)

  • SOR/2004-91, s. 1

Application

 These Regulations apply in respect of systems that are operated in Canada for the purpose of displaying or selling air services, irrespective of

  • (a) the legal status or nationality of the system vendor;

  • (b) the source of the information used or the location of the relevant data processing centre; and

  • (c) where the air services are provided.

 These Regulations do not apply in respect of systems that are used by a carrier and its affiliates or a charterer, in their own offices and at their own sales counters, or to carrier Internet websites.

  • SOR/2004-91, s. 2

 Nothing in these Regulations exempts any person from the operation of the Competition Act or the Personal Information Protection and Electronic Documents Act.

  • SOR/2004-91, s. 2

 [Repealed, SOR/2004-91, s. 3]

Display Information

  •  (1) A system vendor shall ensure that all displays in a system respecting information provided by the participating carrier about the schedules, fares, rules or availability of that participating carrier meet the requirements of these Regulations.

  • (2) A system vendor shall ensure that, except in response to requests for information limited to specific carriers, these displays are comprehensive, neutral and non-discriminatory.

  • SOR/2004-91, s. 4
  •  (1) A system vendor shall construct and order the information in the displays referred to in section 9 in a manner that is applied consistently to all participating carriers and to all city-pair markets within each display.

  • (2) In ordering the information in these displays, a system vendor shall not use any factor that relates, directly or indirectly, to carrier identity.

  • (3) A system vendor shall, in constructing and ordering flights to or from a city with more than one airport, ensure that there will be no discrimination on the basis of airport served when that city is requested as the origin or destination.

  • (4) A system vendor shall ensure that flights involving stops en route, changes of aircraft, carrier or airport or segments carried out by other modes of transportation are clearly identified.

  • (5) Subject to subsection (6), a system vendor shall include charter air services in these displays and shall clearly indicate that they are charter air services.

  • (6) Where more than one charterer is offering charter air service on the same flight in a city-pair market, a system vendor shall ensure that the service appears only once in these displays and that the charterers who are offering this service are clearly indicated.

  • (7) A system vendor shall ensure that tourism products are not included in these displays.

  • (8) A system vendor shall not create or maintain any function that automatically prefers one or more participating carriers over other participating carriers.

  • (9) Where a system vendor chooses to display, for any city-pair market, information about the schedules or fares of non-participating carriers, the information shall be displayed in the same manner for all the non-participating carriers that the system vendor chooses to display.

  • (10) A system vendor shall provide to any person, on request, the current criteria used in constructing and ordering flights for these displays and the weight given to each criterion.

  • SOR/2004-91, s. 5
 
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