Air Transportation Regulations

26 (1) Subject to subsection (2), on receipt of an application referred to in section 25 that is made by a non-Canadian air carrier for a fifth freedom CPC, the Agency shall advise thereof all Canadian air carriers holding a non-scheduled international licence valid for the proposed CPC by making particulars of the application available to those air carriers.

(2) Where a non-Canadian air carrier holding a valid scheduled international licence applies for a program permit to operate a CPC between points in Canada and points in the country in which the air carrier is headquartered that are served pursuant to the scheduled international licence, subsection (1) does not apply.

(3) Each air carrier advised pursuant to subsection (1) shall, within seven days after the receipt of the Agency’s advice, or within such other period as the Agency may indicate in the advice, file with the Agency a written notice, in which such departures from the particulars set out in the advice as the air carrier may propose shall be specified, if the air carrier is willing and able to undertake

• (a) all CPCs indicated in the advice that are proposed to be operated as back-to-back flights; or

• (b) any CPC indicated in the advice that is proposed to be operated in a manner other than that described in paragraph (a).

(4) Where an air carrier files notice with the Agency pursuant to subsection (3), and the proposals of the air carrier are in accordance with the requirements of these Regulations, no program permit shall be issued to the non-Canadian air carrier in respect of the CPCs referred to in that subsection.

(5) Where a notice referred to in subsection (3) is received by the Agency in respect of a CPC proposed to be operated between a point in Canada and a point in the territory of another country that are both served under the licence of an air carrier holding a valid scheduled international licence, the Agency may grant a program permit in respect of the CPC to that air carrier only.

(6) This section does not apply in respect of an application by a United States charter carrier licensee who holds a non-scheduled international licence that is valid for the proposed charter.