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Air Transportation Regulations (SOR/88-58)

Regulations are current to 2020-09-09 and last amended on 2020-06-25. Previous Versions

PART VTariffs (continued)

DIVISION IIInternational (continued)

Adopted Tariffs

  •  (1) Where an air carrier, in this section called an “adopted carrier”, changes its name or transfers the control of its operations, any other air carrier, in this section called an “adopting carrier”, that adopts the tariffs, concurrences therein, supplements and modifications thereof or other documents of the adopted carrier shall

    • (a) file with the Agency an adoption notice in the form set out in Schedule XII;

    • (b) file a power of attorney if the agent of the adopted carrier or a new agent is being appointed;

    • (c) make to every tariff referred to in the adoption notice such an amendment as to indicate the CTA(A) number of the adoption notice and, expressly, the fact that the tariff, including any amendment thereto, has become the tariff of the adopting carrier pursuant to the notice; and

    • (d) where the tariff to be amended is on paper, insert the adoption notice in the tariff on a page that remains in effect until the tariff is cancelled or amended in such manner as to remove any reference to the adopted carrier.

  • (2) Every supplement to a tariff of an adopted carrier that an adopting carrier publishes after the supplement referred to in paragraph (1)(d) shall

    • (a) contain the name of the adopting air carrier;

    • (b) be numbered consecutively following the number of the adoption supplement; and

    • (c) bear the CTA(A) number of the adopted carrier’s series and the name or initials of that carrier.

  • (3) Where a tariff in which an adopted carrier is named as a participant is published by other air carriers or agents, the tariff shall be amended to substitute for the name of that carrier, in the first supplement published by those air carriers or agents after the adoption takes effect, the name of the adopting carrier, and the supplement of the amended tariff shall include a provision to the effect that the adopting carrier, by its adoption notice, indicated by a CTA(A) number in that provision, has taken over the tariffs of that participant and that the name of the adopting carrier is substituted for the name of that participant, wherever it appears in the tariff, effective on the date of the adoption.

  • (4) Where a tariff on paper is amended in accordance with subsection (3), the substitution clause shall remain in effect until the tariff is cancelled or until all necessary amendments to the tariff have been effected to remove all references to the adopted carrier.

  • (5) Powers of attorney and certificates of concurrence adopted by an adopting carrier shall be replaced within 120 days by new powers of attorney and certificates of concurrence of that carrier, in which reference shall be made to the cancellation of the documents of the adopted carrier.

  • (6) [Repealed, SOR/96-335, s. 76]

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 76

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-176, s. 17]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

 [Repealed, SOR/2019-150, s. 43]

PART VIService Schedules

Application

 This Part applies in respect of any scheduled international service operated by an air carrier.

  • SOR/96-335, s. 78

Validity of Service Schedules

  •  (1) A service schedule is valid beginning on its effective date unless the Agency rejects or disallows it.

  • (2) The Agency shall reject a service schedule if the Agency determines that the service schedule has not been filed in accordance with the requirements of this Part.

  • (3) The Agency shall disallow a service schedule if the Agency determines that it is inconsistent with the licence of the air carrier that filed it.

  • SOR/96-335, s. 78

Filing of Service Schedules

 An air carrier or its agent shall file with the Agency a service schedule or an amendment to a service schedule that includes the information required by section 139 and, where the service schedule is on paper, a filing advice that includes the information required by subsection 140(3).

  • SOR/93-253, s. 2(E)
  • SOR/96-335, s. 78
  •  (1) Every service schedule filed with the Agency shall be consecutively numbered with the prefix “CTA(A)GS”.

  • (2) [Repealed, SOR/96-335, s. 79]

  • (3) Every service schedule or amendment thereto shall be filed with the Agency at least 10 days, commencing on its receipt by the Agency and not on mailing, prior to the effective date of the schedule or amendment.

  • (4) A non-Canadian air carrier that operates a scheduled international service may file complete copies of the carrier’s service schedules.

  • (5) Where service schedules filed pursuant to subsection (4) include specific schedules of flights other than to or from points in Canada, these Regulations do not apply to those specific schedules.

  • SOR/93-253, s. 2
  • SOR/96-335, s. 79

Contents of Service Schedules

 Every service schedule shall contain the following information:

  • (a) the full name of the air carrier;

  • (b) the name and business address of an authorized officer or agent of the air carrier;

  • (c) the date of issuance and the effective date of the service schedule;

  • (d) the class of air service; and

  • (e) details of each air service to be operated by the air carrier, namely,

    • (i) the points served,

    • (ii) the frequency of service set out by day of the week,

    • (iii) the times of departure and arrival at each point,

    • (iv) the flight number or numbers assigned by the air carrier, and

    • (v) the type and usual configuration of aircraft used.

  • SOR/93-253, s. 2
  • SOR/94-379, s. 4(F)
  • SOR/96-335, s. 80
  • SOR/2017-19, s. 12(E)

Form of Service Schedules

  •  (1) An air carrier may file a service schedule and any amendment thereto on paper or in an electronic form that is compatible with the electronic systems used by the Agency.

  • (2) A service schedule on paper shall be plainly typewritten, printed or reproduced.

  • (3) Every filing advice shall contain the following information:

    • (a) the name, address, telephone and facsimile numbers of the air carrier and, where applicable, of the agent of the air carrier;

    • (b) the name and title of an authorized officer of the air carrier or its agent;

    • (c) the date of issuance and the effective date of the service schedule;

    • (d) the service schedule number in accordance with subsection 138(1);

    • (e) the number of pages of the service schedule or of any amendments thereto;

    • (f) a brief description of the contents of the service schedule;

    • (g) a description of any routes that have been amended by the service schedule; and

    • (h) a list of the persons who have been sent a copy of the service schedule.

  • SOR/93-253, s. 2(F)
  • SOR/96-335, s. 81

Public Inspection of Service Schedules

 Immediately on filing a service schedule with the Agency and thereafter until the service schedule is rejected or disallowed by the Agency or cancelled by the air carrier, every air carrier shall keep its current service schedule, with amendments, available for public inspection at each of its business offices.

  • SOR/96-335, s. 81
 
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