Air Transportation Regulations (SOR/88-58)

Short Title

1 These Regulations may be cited as the Air Transportation Regulations.

Interpretation

2 In these Regulations and Part II of the Act,

ABC/ITC

ABC/ITC[Repealed, SOR/2019-176, s. 1]

ABC/ITC (domestic)

ABC/ITC (domestic) [Repealed, SOR/96-335, s. 1]

accommodation

accommodation means sleeping facilities provided on a commercial basis to the general public; (logement)

Act

Act means the Canada Transportation Act; (Loi)

advance booking charter

advance booking charter or ABC[Repealed, SOR/2019-176, s. 1]

advance booking charter (domestic)

advance booking charter (domestic) or ABC (domestic) [Repealed, SOR/96-335, s. 1]

air carrier

air carrier means any person who operates a domestic service or an international service; (transporteur aérien)

air crew

air crew means the flight crew and one or more persons who, under the authority of an air carrier, perform in-flight duties in the passenger cabin of an aircraft of the air carrier; (personnel d’aéronef)

aircrew

aircrew [Repealed, SOR/96-335, s. 1]

all-cargo aircraft

all-cargo aircraft means an aircraft that is equipped for the carriage of goods only; (aéronef tout-cargo)

back-to-back flights

back-to-back flights [Repealed, SOR/96-335, s. 1]

base

base [Repealed, SOR/96-335, s. 1]

business office

business office, with respect to an air carrier, includes any place in Canada where the air carrier receives goods for transportation or offers passenger tickets for sale, but does not include an office of a travel agent; (bureau)

Canadian charter carrier licensee

Canadian charter carrier licensee[Repealed, SOR/2019-176, s. 1]

certificated maximum carrying capacity

certificated maximum carrying capacity means

• (a) the maximum number of passengers specified in the Type Approval Data Sheet or the Type Certificate Data Sheet issued or accepted by the competent Canadian authority for the aircraft type and model, or

• (b) in respect of a particular aircraft that has been modified to allow a higher number of passengers, the maximum number of passengers specified in the Supplemental Type Approval or the Supplemental Type Certificate issued or accepted by the competent Canadian authority; (capacité maximale certifiée)

charter flight

charter flight means a flight that originates in a foreign country and is destined to Canada or originates in Canada and is destined to another country and that is operated according to a charter contract or arrangement for one-way or round-trip transportation of passengers or goods; (vol affrété)

common purpose charter

common purpose charter or CPC[Repealed, SOR/2019-176, s. 1]

common purpose charter (domestic)

common purpose charter (domestic) or CPC (domestic) [Repealed, SOR/96-335, s. 1]

courier service

courier service[Repealed, SOR/2019-176, s. 1]

CPC educational program

CPC educational program[Repealed, SOR/2019-176, s. 1]

CPC event

CPC event[Repealed, SOR/2019-176, s. 1]

door-to-door transportation

door-to-door transportation[Repealed, SOR/2019-176, s. 1]

entity charter

entity charter[Repealed, SOR/2019-176, s. 1]

fifth freedom

fifth freedom[Repealed, SOR/2019-176, s. 1]

flight crew

flight crew means one or more persons acting as pilot-in-command, second officer, co-pilot, flight navigator or flight engineer during flight time; (équipage)

fourth freedom

fourth freedom[Repealed, SOR/2019-176, s. 1]

goods

goods means anything that can be transported by air, including animals; (marchandises)

goods charter

goods charter means a charter flight that originates in a foreign country and is destined to Canada or originates in Canada and is destined to another country and that is operated according to a charter contract or arrangement to carry goods; (vol affrété de marchandises)

inclusive tour

inclusive tour or tour[Repealed, SOR/2019-176, s. 1]

inclusive tour charter

inclusive tour charter or ITC[Repealed, SOR/2019-176, s. 1]

inclusive tour charter (domestic)

inclusive tour charter (domestic) or ITC (domestic)[Repealed, SOR/96-335, s. 1]

inclusive tour price

inclusive tour price[Repealed, SOR/2019-176, s. 1]

large aircraft

large aircraft means an aircraft equipped for the carriage of passengers and having a certificated maximum carrying capacity of more than 89 passengers; (gros aéronef)

MCTOW

MCTOW means the maximum certificated take-off weight for aircraft as shown in the aircraft flight manual referred to in the aircraft’s Certificate of Airworthiness issued by the competent Canadian or foreign authority; (MMHD)

medium aircraft

medium aircraft means an aircraft equipped for the carriage of passengers and having a certificated maximum carrying capacity of more than 39 but not more than 89 passengers; (aéronef moyen)

mile

mile means a statute mile unless a nautical mile is specified; (mille)

passenger

passenger[Repealed, SOR/2019-150, s. 37]

passenger foreign origin charter

passenger foreign origin charter means a charter flight that originates in a foreign country and is destined to Canada and that is operated according to a charter contract or arrangement for the transportation of passengers; (vol affrété de passagers en provenance d’un pays étranger)

passenger non-resaleable charter

passenger non-resaleable charter means a charter flight that originates in Canada and is destined to another country, that is operated according to a charter contract or arrangement and that engages an aircraft on which the passenger seating capacity is not for resale to the public; (vol affrété de passagers non revendable)

passenger resaleable charter

passenger resaleable charter means a charter flight that originates in Canada and is destined to another country, that is operated according to a charter contract or arrangement and that engages an aircraft on which the passenger seating capacity is chartered for resale to the public; (vol affrété de passagers revendable)

permit

permit[Repealed, SOR/2019-176, s. 1]

point

point [Repealed, SOR/96-335, s. 1]

price per seat

price per seat[Repealed, SOR/2019-176, s. 1]

public liability

public liability[Repealed, SOR/2019-176, s. 1]

Secretary

Secretary means the Secretary of the Agency; (secrétaire)

small aircraft

small aircraft means an aircraft equipped for the carriage of passengers and having a certificated maximum carrying capacity of not more than 39 passengers; (petit aéronef)

territory

territory means the land areas under the sovereignty, jurisdiction or trusteeship of a state, as well as territorial waters adjacent thereto, and any reference to a state shall be construed, where applicable, as a reference to the territory of that state and any reference to a geographical area comprising several states shall be construed, where applicable, as a reference to the aggregate of the territories of the states constituting that geographical area; (territoire)

third freedom

third freedom[Repealed, SOR/2019-176, s. 1]

third party liability

third party liability means legal liability of an air carrier, arising from the air carrier’s operation, ownership or possession of an aircraft, for

• (a) injury to or death of persons other than the air carrier’s passengers or air crew; and

• (b) damage to property other than property in the air carrier’s charge; (responsabilité à l’égard des tiers)

toll

toll[Repealed, SOR/2012-298, s. 1]

tour features

tour features[Repealed, SOR/2019-176, s. 1]

tour operator

tour operator[Repealed, SOR/2019-176, s. 1]

traffic

traffic means any persons or goods that are transported by air; (trafic)

transborder goods charter

transborder goods charter or TGC[Repealed, SOR/2019-176, s. 1]

transborder passenger charter

transborder passenger charter or TPC[Repealed, SOR/2019-176, s. 1]

transborder passenger non-resaleable charter

transborder passenger non-resaleable charter or TPNC[Repealed, SOR/2019-176, s. 1]

transborder United States charter

transborder United States charter or TUSC[Repealed, SOR/2019-176, s. 1]

transportation

transportation[Repealed, SOR/2019-176, s. 1]

United States charter carrier licensee

United States charter carrier licensee[Repealed, SOR/2019-176, s. 1]

United States charterer

United States charterer[Repealed, SOR/2019-176, s. 1]

working day

working day, in respect of the filing of a document with the Agency, at its head office or a regional office, means a day on which offices of the Public Service of Canada are generally open in the province where the head office or regional office is situated. (jour ouvrable)

2.1 For the purposes of these Regulations, toll means any fare, rate or charge established by an air carrier in respect of the shipment, transportation, care, handling or delivery of passengers or goods or of any service that is incidental to those services.

2.2 For the purposes of these Regulations, passenger means a person, other than a member of the air crew, who uses an air carrier’s domestic service or international service by boarding the air carrier’s aircraft pursuant to a valid contract or arrangement.

PART IGeneral

Air Services excluded from the Application of Part II of the Act

• 3 (1) Part II of the Act does not apply in respect of any of the following air services that are in addition to the air services set out in subsection 56(2) of the Act:

  • (a) [Repealed, SOR/2019-176, s. 2]

  • (b) [Repealed, SOR/2019-176, s. 2]

  • (c) [Repealed, SOR/2019-176, s. 2]

  • (d) [Repealed, SOR/2019-176, s. 2]

  • (e) [Repealed, SOR/2019-176, s. 2]

  • (f) [Repealed, SOR/2019-176, s. 2]

  • (g) [Repealed, SOR/2019-176, s. 2]

  • (h) air cushion vehicle services;

  • (i) transportation services for the retrieval of human organs for human transplants;

  • (j) aircraft demonstration services;

  • (k) external helitransport services;

  • (l) [Repealed, SOR/2019-176, s. 2]

  • (m) hot air balloon services.

  • (n) [Repealed, SOR/2019-176, s. 2]

  • (o) [Repealed, SOR/2019-176, s. 2]

• (2) An operator of an air service referred to in subsection (1) or in subsection 56(2) of the Act who carries on board an aircraft persons who are not part of the air crew but who are required for the conduct of the air service is exempt from having to obtain a domestic licence or a non-scheduled international licence for the transportation of those persons.