Transportation Information Regulations (SOR/96-334)

Interpretation

• 1 (1) The definitions in this subsection apply in these Regulations.

  Act

  Act means the Canada Transportation Act. (Loi)

  aerodrome

  aerodrome has the same meaning as in subsection 3(1) of the Aeronautics Act. (aérodrome)

  crop year

  crop year has the meaning assigned to it in section 2 of the Canada Grain Act. (campagne agricole)

  grain

  grain has the meaning assigned to it in section 147 of the Act. (grain)

  reporting period

  reporting period, in respect of information that is required, means the period for which the information is to be provided. (période de référence)

  vessel

  vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

• (2) Unless otherwise indicated in these Regulations, any reference, in these Regulations, to a form or publication is a reference to the form or publication as amended from time to time.

• (3) [Repealed, SOR/2014-285, s. 1]

Provision of Information to the Minister

2 Where the Department of Transport has entered into an agreement with Statistics Canada for the sharing of information collected under the Statistics Act and a carrier submits information required by these Regulations to Statistics Canada, the information is considered to be submitted to the Minister.

2.1 Except as otherwise provided in these Regulations, the information required by these Regulations to be provided to the Minister must be provided

• (a) by electronic means; or

• (b) if the information is being collected directly by Statistics Canada under the Statistics Act, by the means by which the information is provided under that Act.

PART IAir Carriers

Interpretation

• 3 (1) The definitions in this section apply in this Part.

  air carrier

  air carrier means a Canadian air carrier or foreign air carrier. (transporteur aérien)

  Canadian air carrier

  Canadian air carrier means the holder of an air operator certificate issued under Subpart 3, 4 or 5 of Part VII of the Canadian Aviation Regulations. (transporteur aérien canadien)

  charter service

  charter service means the transportation of passengers or cargo by aircraft pursuant to a contract under which a person, other than the air carrier that operates the air service, reserves a block of seats or part of the cargo space of an aircraft for the person’s use or for resale to the public. (service d’affrètement)

  foreign air carrier

  foreign air carrier means the holder of an air operator certificate issued under Subpart 1 of Part VII of the Canadian Aviation Regulations. (transporteur aérien étranger)

  general aviation

  general aviation means the operation of an aircraft for purposes other than publicly available passenger or cargo transport for remuneration, and includes business aviation, aerial work, instructional flying and air ambulance services. (aviation générale)

  general aviation operator

  general aviation operator means any entity that engages in general aviation, and includes a corporation, a government entity as defined in subsection 211(1) of the Excise Act, 2001 and a foreign government. (exploitant de l’aviation générale)

  large air carrier

  large air carrier means an air carrier that operates a charter service or a scheduled service that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years. (grand transporteur aérien)

  level I air carrier

  level I air carrier means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported at least 2,000,000 revenue passengers or at least 400 000 tonnes of cargo. (transporteur aérien de niveau I)

  level II air carrier

  level II air carrier means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported

  • (a) at least 100,000 but fewer than 2,000,000 revenue passengers; or

  • (b) at least 50 000 but less than 400 000 tonnes of cargo. (transporteur aérien de niveau II)

  level III air carrier

  level III air carrier means a Canadian air carrier that

  • (a) is not a level I air carrier or level II air carrier; and

  • (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of at least $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau III)

  level IV air carrier

  level IV air carrier means a Canadian air carrier that

  • (a) is not a level I air carrier, level II air carrier or level III air carrier; and

  • (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of less than $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau IV)

  level V air carrier

  level V air carrier[Repealed, SOR/2013-196, s. 5]

  level VI air carrier

  level VI air carrier[Repealed, SOR/2013-196, s. 5]

  local air carrier

  local air carrier[Repealed, SOR/2013-196, s. 5]

  non-revenue passenger

  non-revenue passenger means

  • (a) a passenger travelling for free or at a fare available only to persons who are employees or agents of an air carrier or are travelling on the business of an air carrier; and

  • (b) a person, such as an infant, who does not occupy a seat. (passager non payant)

  regional air carrier

  regional air carrier[Repealed, SOR/2013-196, s. 5]

  revenue passenger

  revenue passenger means a passenger who is not a non-revenue passenger and for whose transportation an air carrier receives remuneration, and includes a passenger travelling with a ticket

  • (a) purchased under a publicly available promotional offer;

  • (b) purchased through a loyalty program or through the redemption of loyalty points or miles;

  • (c) purchased with a corporate discount or at a preferential fare; or

  • (d) obtained as compensation for denied boarding. (passager payant)

  scheduled service

  scheduled service means the transportation of passengers or cargo by an aircraft provided by an air carrier that operates the air service and that, directly or indirectly, sells some or all of its seats or part or all of its cargo space to the public on a price per seat, price per unit of mass or price per volume of cargo basis. (service régulier)

  small air carrier

  small air carrier means an air carrier other than a large air carrier that operates a charter service or a scheduled service with at least one aircraft equipped for the carriage of passengers with a certificated maximum carrying capacity of 70 passengers or more. (petit transporteur aérien)

  unit toll service

  unit toll service[Repealed, SOR/2013-196, s. 5]

• (2) For the purposes of the definitions level I air carrier, level II air carrier, level III air carrier and level IV air carrier in subsection (1), a Canadian air carrier that is in its first year of operation is considered to have

  • (a) if it is created as the result of the reorganization or restructuring of another air carrier, the same characteristics as the other air carrier; and

  • (b) in any other case, the characteristics that the Minister, in consultation with Statistics Canada, determines are appropriate based on the model and the number of its aircraft, the type of licence and the type of air operator certificate that it holds, the number of its employees and the countries to which it is designated to fly.

• (3) For the purposes of the definition large air carrier, the number of passengers transported includes passengers transported on flights operated by a regional operator on the air carrier’s behalf.

• (4) For the purposes of the definition small air carrier, aircraft that are used solely for charter services are not included if the block of seats of the aircraft that is reserved is not resold to the public.

Information

• 4 (1) A level I air carrier, level II air carrier, level III air carrier or level IV air carrier must provide to the Minister financial information, including

  • (a) a summary of its land, buildings, ground equipment and flight equipment accounts that sets out, in respect of an annual reporting period,

    • (i) the gross investments at the beginning and at the end of the calendar year,

    • (ii) the additions to and retirement of assets, and

    • (iii) the accumulated depreciation at the beginning and at the end of the calendar year; and

  • (b) a statement of changes in its financial position that sets out, in respect of a quarterly reporting period, the increases and decreases in

    • (i) working capital,

    • (ii) operating activities, including net income, items not affecting cash, net change in non-cash working capital and cash provided by operating activities,

    • (iii) financing activities, including long-term debt, subordinated debt, dividends paid and cash provided by financing activities, and

    • (iv) investing activities, including fixed assets and cash flow related to investing activities.

• (2) A level I air carrier that operates scheduled services, and a level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a scheduled service with at least one aircraft whose maximum certificated take-off weight is more than 25 000 kg, must provide to the Minister operational information about each take-off or landing in Canada or abroad of a scheduled service flight that originates in, is destined for or makes a stopover at an aerodrome in Canada, including

  • (a) the date and time of the take-off or landing and the aerodrome where it took place;

  • (b) the flight number, if there is one;

  • (c) the flight’s origin and destination;

  • (d) in the case of a take-off, the next aerodrome on the flight;

  • (e) in the case of a landing, the previous aerodrome on the flight;

  • (f) the passenger capacity and the cargo capacity;

  • (g) the aircraft’s model and registration mark;

  • (h) the number of revenue passengers and the number of non-revenue passengers enplaning, deplaning, arriving, departing and transiting;

  • (i) the mass of freight and the mass of mail enplaning, deplaning, arriving, departing and transiting;

  • (j) the number of pieces and the mass of checked luggage presented for security screening; and

  • (k) information as to whether the aircraft is a passenger aircraft or a freighter.

• (3) A level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a scheduled service only on aircraft whose maximum certificated take-off weight is not more than 25 000 kg must provide to the Minister information aggregated on a quarterly basis about

  • (a) the number of revenue passengers transported between each city-pair, in each direction, on a coupon origin and destination basis;

  • (b) the mass of freight and mail transported between each city-pair, in each direction, on an on-board origin and destination basis; and

  • (c) the destinations of its non-stop flights from each aerodrome that it serves, and the number of those flights to each destination.

• (4) A level I air carrier, level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a charter service, whether or not available to the public, on an aircraft whose maximum certificated take-off weight is 5 670 kg or more must provide to the Minister operational information about each charter flight that it operates with the aircraft and that originates in, is destined for or makes a stopover at an aerodrome in Canada, including

  • (a) the date and time of each take-off and landing and the aerodrome where it took place;

  • (b) the flight number, if there is one;

  • (c) the passenger capacity and the cargo capacity;

  • (d) the aircraft’s model and registration mark;

  • (e) the number of revenue passengers and the number of non-revenue passengers transported between each city-pair, including city-pairs that are not Canadian cities, on an on-board origin and destination basis or an enplaned and deplaned basis;

  • (f) the mass of freight and the mass of mail transported, on an on-board origin and destination basis;

  • (g) the number of pieces and the mass of checked luggage presented for security screening;

  • (h) information as to whether the flight terminates at the same aerodrome where it originated; and

  • (i) the code that identifies the type of charter permit issued by the Canadian Transportation Agency.

• (5) A level I air carrier or level II air carrier that transported more than 600,000 revenue passengers by scheduled service in each of the two previous calendar years must provide to the Minister information about each revenue passenger’s complete itinerary, including

  • (a) the passenger’s origin and destination;

  • (b) the connecting points;

  • (c) the operating air carrier, the advertised air carrier and the fare basis code, for each leg; and

  • (d) the total fare paid.

• (6) A level I air carrier, level II air carrier, level III air carrier or level IV air carrier must provide to the Minister information about each aircraft in its fleet, including

  • (a) its make, model and year of construction;

  • (b) the make, model and year of construction of its engine;

  • (c) the amount and type of fuel it consumed on domestic flights; and

  • (d) the amount and type of fuel it consumed on international flights.

• (7) An air carrier that transported dangerous goods between Canada and another country must provide to the Minister the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods.

• (8) An air carrier referred to in subsection (2), (3) or (4) must provide the information required by that subsection electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program.