Air Transportation Regulations

25 (1) An application, and any application to amend a previous application, for a program permit for a CPC shall be filed with the Agency by the air carrier that is to perform the outbound portion of the CPC, as soon as the charter contract is signed or amended by the air carrier and the charterer and in any event not less than 30 days before the commencement of the CPC.

(2) Every application for a program permit to operate a CPC shall be made in writing and the applicant shall

• (a) submit therewith a copy of the executed charter contract;

• (b) furnish

  • (i) a detailed description of the CPC event, including

    • (A) its location, duration and character,

    • (B) the names of its organizers and sponsors, and

    • (C) the charge or other contribution, if any, to be made for attendance at, or participation in, the event, or

  • (ii) the particulars of the CPC educational program as concurred in by the appropriate school authorities and written evidence of their concurrence;

• (c) in the case of a CPC relating to a CPC event, attach samples of any documentation or other material from any source promoting or describing the CPC event or, if there is no such material, provide evidence showing that the CPC event will take place;

• (d) specify how the charter price stated in the charter contract referred to in paragraph (a) was calculated;

• (e) provide a statement by each charterer showing

  • (i) the name, address, nationality and nature of business of the charterer,

  • (ii) where the charterer is a company, the name, address and nationality of each director of the company,

  • (iii) a summary of the charterer’s experience relating to transportation activities including, where applicable, particulars of the charterer’s membership in travel organizations and of the licensing or registration of the charterer under any law of a province requiring travel agents to be licensed or registered, and

  • (iv) evidence of the financial responsibility of the charterer, including

    • (A) in respect of the charterer’s latest financial year, financial statements duly approved by the board of directors or other executive body, together with the auditor’s report,

    • (B) if the date of the receipt by the Agency, pursuant to paragraph (a), of the copy of the executed charter contract is more than six months after the end of the charterer’s financial year, a copy of the current financial statements signed by a person duly authorized by the charterer,

    • (C) a letter from the charterer’s bank indicating the extent of the charterer’s line of credit, and

    • (D) a description of the arrangements made by the charterer to ensure the protection of moneys paid to the charterer in respect of CPCs during the period in which those moneys remain in the charterer’s possession;

• (e.1) provide a statement by each charterer, signed and witnessed, certifying that the charterer is in possession of

  • (i) in the case of a letter of credit, the original of the letter of credit applicable in respect of the CPC, or

  • (ii) in the case of any other type of financial guarantee, a copy of the financial guarantee applicable in respect of the CPC;

• (f) establish

  • (i) the adequacy of the arrangements referred to in clause (e)(iv)(D),

  • (ii) the financial ability of the charterer to perform the contract, and

  • (iii) that the charterer has a principal place of business in Canada or, if the charterer is a corporation, that it is registered under the laws of Canada or any province; and

• (g) provide a copy of the financial guarantee applicable in respect of the CPC.

(3) [Repealed, SOR/92-709, s. 3]