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Air Transportation Regulations

Version of section 27 from 2006-03-22 to 2019-06-30:

  •  (1) A CPC contract between an air carrier and one or more charterers shall be made subject to the following conditions:

    • (a) one charterer or all the charterers shall contract for the entire passenger seating capacity of the aircraft to be used exclusively in the CPC;

    • (b) where the passenger seating capacity of the aircraft is at least 20 passenger seats, each charterer contracting for passenger seats shall contract for at least 20 seats; and

    • (c) where the passenger seating capacity of the aircraft is less than 20 passenger seats, one charterer shall charter the entire passenger seating capacity of the aircraft.

  • (2) A CPC contract referred to in subsection (1) shall, in respect of each CPC to be operated thereunder, include the following:

    • (a) the proposed point of origin and point of destination;

    • (b) the routing, including landings for technical purposes, if any;

    • (c) the proposed dates and times of arrival and departure in respect of the points of origin and destination and the landings for technical purposes;

    • (d) the type, configuration and capacity of the aircraft to be used;

    • (e) the number of seats contracted for by each charterer;

    • (f) the full charter price, which price shall be in accordance with the terms of the air carrier’s applicable tariff on file with the Agency and in effect on the date the contract is signed; and

    • (g) the price per seat described in subparagraph (3)(a)(ii).

  • (3) The CPC contract referred to in subsection (1) shall be made subject to the following conditions:

    • (a) the charterer shall

      • (i) pay to the air carrier, at least seven days before the departure of the outgoing portion of any CPC provided for in the contract, the full charter price of the CPC,

      • (ii) charge each person to be carried on the CPC for return air transportation exclusive of any other charge, contribution, fee or levy that may be collected by a charterer or by any other person in connection with the CPC, CPC event or CPC educational program, a price per seat that is not less than the per seat pro rata of the charter price to be paid pursuant to subparagraph (i) for the entire capacity of the aircraft to be engaged in that CPC,

      • (iii) issue or cause to be issued to each of the persons who paid the price per seat referred to in subparagraph (ii) a return ticket in the person’s name or in the name of any other person designated by him, which ticket shall show the price paid,

      • (iv) inform those persons in writing of the terms and conditions applicable to the refund of payments made by them to the charterer or the agents of the charterer, and include in the information a notice to the effect that no refund will be made and no alternate transportation will be provided to a person who elects not to use the return portion of his ticket for the CPC,

      • (v) provide the air carrier with the information required by the Agency concerning a charterer,

      • (vi) observe the requirements of this Division,

      • (vii) forfeit any payments made to the air carrier if, owing to the charterer’s acts or omissions, no program permit is issued by the Agency in respect of the CPC that the charterer contracted for or if, owing to a breach by the charterer of the CPC contract, a program permit issued, or a small carrier charter permit that is deemed to have been issued, to the air carrier is cancelled by the Agency in respect of that charterer, and

      • (viii) make available to any of the charterer’s agents who is engaged in the sale of CPC passenger seats and, on request, to any person who is interested in participating in the CPC, a brochure that sets out accurately

        • (A) the name of the air carrier or air carriers offering transportation,

        • (B) the name of the charterer or charterers,

        • (C) the price per seat to be charged by the charterer for the air transportation contracted for, and

        • (D) a notice that the transportation offered is in accordance with the CPC provisions of these Regulations; and

    • (b) any public solicitation carried out and any ticket issued in respect of the CPC before the Agency has issued a program permit therefor shall include a notice that the CPC is subject to the approval of the Agency.

  • (4) Every CPC contract shall include a clause requiring the observance of the conditions specified in subsection (3).

  • SOR/92-709, s. 4
  • SOR/96-335, s. 17
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