Air Transportation Regulations

36 (1) Except as provided for in subsection (2), on receipt of an application that is made by a non-Canadian air carrier for a program permit to operate a fifth freedom entity charter and that satisfies the requirements of these Regulations, the Agency shall, by making particulars of the application available to all Canadian air carriers holding non-scheduled international licences valid for that entity charter, advise those carriers of the application.

(2) [Repealed, SOR/96-335, s. 24]

(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 entity charters indicated in the advice that are proposed to be operated as a series of flights; or

• (b) any entity charter 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 in compliance with subsection (3), and the proposals of that 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 entity charter referred to in that subsection.

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

(6) This section does not apply in respect of an application to operate a charter referred to in section 35 or in respect of an application by a United States charter carrier licensee who holds a valid non-scheduled international licence.