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Air Transportation Regulations (SOR/88-58)

Regulations are current to 2022-07-25 and last amended on 2021-07-01. Previous Versions

PART VTariffs (continued)

DIVISION IDomestic (continued)

Exception

 The holder of a domestic licence in respect of a domestic service that serves the transportation needs of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees or workers, is excluded, in respect of the service of those needs, from the requirements of section 67 of the Act.

  • SOR/96-335, s. 53

Contents of Tariffs

  •  (1) Every tariff shall contain

    • (a) the name of the issuing air carrier and the name, title and full address of the officer or agent issuing the tariff;

    • (b) the tariff number, and the title that describes the tariff contents;

    • (c) the dates of publication, coming into effect and expiration of the tariff, if it is to expire on a specific date;

    • (d) a description of the points or areas from and to which or between which the tariff applies;

    • (e) in the case of a joint tariff, a list of all participating air carriers;

    • (f) a table of contents showing the exact location where information under general headings is to be found;

    • (g) where applicable, an index of all goods for which commodity tolls are specified, with reference to each item or page of the tariff in which any of the goods are shown;

    • (h) an index of points from, to or between which tolls apply, showing the province or territory in which the points are located;

    • (i) a list of the airports, aerodromes or other facilities used with respect to each point shown in the tariff;

    • (j) where applicable, information respecting prepayment requirements and restrictions and information respecting non-acceptance and non-delivery of goods, unless reference is given to another tariff number in which that information is contained;

    • (k) a full explanation of all abbreviations, notes, reference marks, symbols and technical terms used in the tariff and, where a reference mark or symbol is used on a page, an explanation of it on that page or a reference thereon to the page on which the explanation is given;

    • (l) the terms and conditions governing the tariff, generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff;

    • (m) any special terms and conditions that apply to a particular toll and, where the toll appears on a page, a reference on that page to the page on which those terms and conditions appear;

    • (n) the terms and conditions of carriage, clearly stating the air carrier’s policy in respect of at least the following matters, namely,

      • (i) the carriage of persons with disabilities,

      • (ii) the carriage of children,

      • (iii) unaccompanied minors, including those who are travelling under the carrier’s supervision,

      • (iv) the assignment of seats to children who are under the age of 14 years,

      • (v) failure to operate the service or failure to operate the air service according to schedule,

      • (vi) flight delay,

      • (vii) flight cancellation,

      • (viii) delay on the tarmac,

      • (ix) denial of boarding,

      • (x) the re-routing of passengers,

      • (xi) whether the carrier is bound by the obligations of a large carrier or the obligations of a small carrier that are set out in the Air Passenger Protection Regulations,

      • (xii) refunds for services purchased but not used, whether in whole or in part, either as a result of the client’s unwillingness or inability to continue or the air carrier’s inability to provide the service for any reason,

      • (xiii) ticket reservation, cancellation, confirmation, validity and loss,

      • (xiv) refusal to transport passengers or goods,

      • (xv) method of calculation of charges not specifically set out in the tariff,

      • (xvi) the carriage of baggage including the loss, delay or damaging of baggage,

      • (xvii) the transportation of musical instruments,

      • (xviii) limits of liability respecting passengers and goods,

      • (xix) exclusions from liability respecting passengers and goods,

      • (xx) procedures to be followed, and time limitations, respecting claims, and

      • (xxi) any other terms and conditions deemed under subsection 86.11(4) of the Act to be included in the tariff;

    • (o) the tolls, shown in Canadian currency, together with the names of the points from, to or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified;

    • (p) the routings related to the tolls unless reference is made in the tariff to another tariff in which the routings appear; and

    • (q) the official descriptive title of each type of passenger fare, together with any name or abbreviation thereof.

  • (2) Every original tariff page shall be designated “Original Page”, and changes in, or additions to, the material contained on the page shall be made by revising the page and renumbering it accordingly.

  • (3) Where an additional page is required within a series of pages in a tariff, that page shall be given the same number as the page it follows but a letter shall be added to the number.

  • (4) and (5) [Repealed, SOR/96-335, s. 54]

Interest

 Where the Agency, by order, directs an air carrier to refund specified amounts to persons that have been overcharged by the air carrier for fares or rates in respect of its air service pursuant to paragraph 66(1)(c) of the Act, the amount of the refunds shall bear interest from the date of payment of the fares or rates by those persons to the air carrier to the date of the Agency’s order at the rate of interest charged by the Bank of Canada on short-term loans to financial institutions plus one and one-half percent.

  • SOR/2001-71, s. 3

DIVISION IIInternational

Application

 This Division applies to any air carrier that operates an international service other than an air carrier that operates a non-scheduled international service that transports traffic originating entirely in a foreign country.

Exception

 An air carrier that operates an international service that serves the transportation requirements of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees and workers is excluded, in respect of the service of those requirements, from the requirements of subsection 110(1).

Filing of Tariffs

  •  (1) Except as provided in an international agreement, convention or arrangement respecting civil aviation, before commencing the operation of an international service, an air carrier or its agent shall file with the Agency a tariff for that service, including the terms and conditions of free and reduced rate transportation for that service, in the style, and containing the information, required by this Division.

  • (2) Acceptance by the Agency of a tariff or an amendment to a tariff does not constitute approval of any of its provisions, unless the tariff has been filed pursuant to an order of the Agency.

  • (3) No air carrier shall advertise, offer or charge any toll where

    • (a) the toll is in a tariff that has been rejected by the Agency; or

    • (b) the toll has been disallowed or suspended by the Agency.

  • (4) Where a tariff is filed containing the date of publication and the effective date and is consistent with these Regulations and any orders of the Agency, the tolls and terms and conditions of carriage in the tariff shall, unless they are rejected, disallowed or suspended by the Agency or unless they are replaced by a new tariff, take effect on the date stated in the tariff, and the air carrier shall on and after that date charge the tolls and apply the terms and conditions of carriage specified in the tariff.

  • (5) No air carrier or agent thereof shall offer, grant, give, solicit, accept or receive any rebate, concession or privilege in respect of the transportation of any persons or goods by the air carrier whereby such persons or goods are or would be, by any device whatever, transported at a toll that differs from that named in the tariffs then in force or under terms and conditions of carriage other than those set out in such tariffs.

  • SOR/96-335, s. 56
  • SOR/98-197, s. 6(E)
  •  (1) All tolls and terms and conditions of carriage, including free and reduced rate transportation, that are established by an air carrier shall be just and reasonable and shall, under substantially similar circumstances and conditions and with respect to all traffic of the same description, be applied equally to all that traffic.

  • (2) No air carrier shall, in respect of tolls or the terms and conditions of carriage,

    • (a) make any unjust discrimination against any person or other air carrier;

    • (b) give any undue or unreasonable preference or advantage to or in favour of any person or other air carrier in any respect whatever; or

    • (c) subject any person or other air carrier or any description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatever.

  • (3) The Agency may determine whether traffic is to be, is or has been carried under substantially similar circumstances and conditions and whether, in any case, there is or has been unjust discrimination or undue or unreasonable preference or advantage, or prejudice or disadvantage, within the meaning of this section, or whether in any case the air carrier has complied with the provisions of this section or section 110.

  • SOR/93-253, s. 2
  • SOR/96-335, s. 57
  •  (1) All air carriers having joint tolls shall establish just and reasonable divisions thereof between participating air carriers.

  • (2) The Agency may

    • (a) determine and fix just and equitable divisions of joint tolls between air carriers or the portion of the joint tolls to be received by an air carrier;

    • (b) require an air carrier to inform the Agency of the portion of the tolls in any joint tariff filed that it or any other carrier is to receive or has received; and

    • (c) decide that any proposed through toll is just and reasonable notwithstanding that an amount less than the amount that an air carrier would otherwise be entitled to charge may be allotted to that air carrier out of that through toll.

 The Agency may

  • (a) suspend any tariff or portion of a tariff that appears not to conform with subsections 110(3) to (5) or section 111 or 112, or disallow any tariff or portion of a tariff that does not conform with any of those provisions; and

  • (b) establish and substitute another tariff or portion thereof for any tariff or portion thereof disallowed under paragraph (a).

  • SOR/93-253, s. 2
  • SOR/96-335, s. 58
  •  (1) If an air carrier that offers an international service fails to apply the fares, rates, charges or terms and conditions of carriage set out in the tariff that applies to that service, the Agency may, if it receives a written complaint, direct the air carrier to

    • (a) take the corrective measures that the Agency considers appropriate; and

    • (b) pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and conditions that are applicable to the service it offers and that were set out in the tariff.

  • (2) If the written complaint is with respect to a term or condition of carriage concerning an obligation prescribed by regulations made under subsection 86.11(1) of the Act, it must have been filed by a person adversely affected by the failure to apply the term or condition.

  • (3) The Agency may make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b) of the Act, to the extent that it considers appropriate.

  •  (1) Every tariff or amendment to a tariff shall be filed with the Agency by the air carrier or by an agent appointed by power of attorney to act on the air carrier’s behalf pursuant to section 134.

  • (2) Every joint tariff or amendment to a joint tariff shall be filed by one of the air carriers that is a party thereto or by an agent of the air carrier appointed by power of attorney to act on the air carrier’s behalf pursuant to section 134.

  • (3) Where an air carrier files a joint tariff pursuant to subsection (2), that air carrier shall be known as the issuing carrier.

  • (4) No air carrier that issues a power of attorney to another air carrier or any other agent to publish and file tolls shall include in the carrier’s own tariff tolls that duplicate or conflict with tolls published under such power of attorney.

  • (5) Every tariff or amendment to a tariff that is on paper shall be filed with the Agency together with a filing advice in duplicate.

  • (6) The filing advice shall be in the form set out in Schedule IV and shall contain a description of the tariff filed therewith, including,

    • (a) in the case of a tariff that is filed with the Agency by an air carrier operating a scheduled international service and that contains tolls, or terms and conditions, required to be agreed on with another air carrier, a statement that all those tolls or terms and conditions have been so agreed on; and

    • (b) in the case of a tariff that is filed with the Agency by an air carrier operating a scheduled international service and that contains tolls or terms and conditions that are required to be filed in another country, a statement that all those tolls or terms and conditions have been filed with the appropriate aeronautical authorities of the country to which the service is provided.

  • (7) Every tariff and filing advice sent to the Agency shall be addressed to the Secretary, Canadian Transportation Agency, Ottawa, Canada, K1A 0N9, Attention: Tariffs Division.

  • SOR/93-253, s. 2
  • SOR/96-335, s. 59
  • SOR/98-197, s. 7

Filing Time

  •  (1) Every tariff or amendment to a tariff shall be filed with the Agency at least 45 days before the tariff or amendment comes into force, except

    • (a) where a different period is specified in an international agreement, convention or arrangement respecting civil aviation to which Canada is a party; or

    • (b) if the tariff or amendment is filed at least one working day before it comes into force to publish tolls for an additional aircraft to be used in, or to cancel tolls respecting an aircraft to be withdrawn from, a non-scheduled international service, other than a service that is operated at a toll per unit of traffic; or

    • (c) by order of the Agency.

  • (2) The period prescribed by subsection (1) shall not commence until a tariff or amendment is received by the Agency, and the mailing thereof does not constitute receipt by the Agency.

Public Inspection of Tariffs

  •  (1) Every air carrier shall keep available for public inspection at each of its business offices a copy of every tariff in which the air carrier participates that applies to its international service.

  • (2) Every air carrier shall display in a prominent place at each of its business offices a sign indicating that the tariffs for the international service it offers, including the terms and conditions of carriage, are available for public inspection at its business offices.

  • (3) Every air carrier shall, for a period of three years after the date of any cancellation of a tariff participated in by the carrier, keep a copy of that tariff at the principal place of business in Canada of the carrier or at the place of business in Canada of the carrier’s agent.

  • SOR/96-335, s. 61(F)
  • SOR/2009-28, s. 2
 
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