Air Transportation Regulations

34 (1) An air carrier that applies for a program permit for an entity charter shall

• (a) file the application with the Agency not more than six months prior to the date of a proposed flight or the first of any proposed series of flights in respect of which the application is made and not less than

  • (i) two working days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, where the air carrier proposes to operate a third freedom or fourth freedom entity charter pursuant to the carrier’s valid non-scheduled international licence, or

  • (ii) thirty days before the commencement of the flight or, in the case of a series of flights originating in Canada, the first flight, other than flights described in subparagraph (i);

• (b) provide the Agency with a copy of the executed charter contract between the charterer and the air carrier and, if not apparent therefrom, shall indicate in the application the date, time, points of origin and destination and routing of the proposed flight, the type and configuration of the aircraft, the number of seats or capacity contracted for and the calculation of the charter price; and

• (c) provide the Agency with an affidavit of the charterer or, where the charterer is a corporation, an affidavit of a duly authorized officer of the corporation identifying both the officer and the corporation, that verifies, in respect of each trip, that

  • (i) the cost of transportation of passengers or goods is paid solely by the charterer, and

  • (ii) no charge or other financial obligation is imposed on any passenger as a condition of carriage or otherwise in connection with the transportation.

(2) Subject to subsection (3), the Agency shall issue a program permit to operate an entity charter to an air carrier who has complied with subsection (1) and who otherwise meets the applicable requirements of these Regulations.

(3) The Agency shall not issue a program permit in respect of a flight of any series of flights, if the flight is not to be completed within one year after the commencement of the first flight of the series.