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Air Transportation Regulations

Version of section 51 from 2006-03-22 to 2019-06-30:

  •  (1) Subject to subsection (2) and the conditions referred to in section 59,

    • (a) where more than one ABC is operated under one contract, a passenger transported on an outgoing portion of an ABC under that contract may be returned to the passenger’s point of origin on any return portion of an ABC operated under that contract; and

    • (b) where a charterer has more than one contract with an air carrier, a passenger transported on an outgoing portion of an ABC under one contract may be returned to the passenger’s point of origin on any return portion of another ABC operated pursuant to any other contract between the same charterer and the same air carrier.

  • (2) No air carrier shall transport or offer to transport any passenger on an ABC where the difference between the great-circle distances measured along

    • (a) the outgoing portion of the passenger’s ABC transportation, and

    • (b) the return portion of the passenger’s ABC transportation

    exceeds one half of the longer of those portions.

  • (3) Subject to the conditions established by subsections (4) and (5), every contract shall be made subject to the condition that each intended passenger on an ABC shall make a reservation for the passenger’s return ABC transportation in accordance with subsection (1).

  • (4) Every contract shall be made subject to the condition that an intended passenger on an ABC may elect not to make a reservation for the passenger’s return ABC transportation if

    • (a) the price per seat applicable to that ABC is paid at or before the time of issue of the passenger’s ticket and the ticket shows an open return; and

    • (b) the passenger complies with the condition established by subsection 59(1) or (2), whichever is applicable, regarding the minimum stay of ABC passengers, when a reservation for the return ABC transportation of that passenger is accepted.

  • (5) Every contract shall be made subject to the condition that a passenger on an ABC may elect to have the passenger’s reservation changed, subject to the availability of space, after the deadline regarding prebooking established by subsection 56(1), (2) or (3), whichever is applicable, if

    • (a) the passenger is booked on another ABC operated by the same air carrier that operated the ABC for which, according to the passenger’s ticket, the reservation was initially held;

    • (b) the passenger’s outbound transportation

      • (i) commences later than the scheduled time of departure of the ABC for which, according to the passenger’s ticket, the reservation was initially held, or

      • (ii) is on a seat that was, at the time the reservation was changed, open for sale pursuant to subsection 56(3); and

    • (c) the passenger complies with the condition established by subsection 59(1) or (2), whichever is applicable, regarding the minimum stay of ABC passengers.

  • (6) An air carrier shall maintain at the principal place of business in Canada of the carrier, or at the place of business in Canada of the carrier’s agent, all flight coupons surrendered by ABC passengers in respect of each outbound and each return ABC operated by the carrier and shall, on request, forthwith file those flight coupons, or legible photocopies thereof, with the Agency or furnish them to the Agency’s authorized representative for filing with the Agency.

  • (7) Each flight coupon referred to in subsection (6) shall be retained by the air carrier for a period of 90 days from the date it was surrendered by the passenger and shall contain the information required under subsection (8).

  • (8) Every contract shall be made subject to the condition that, on payment of the price per seat, each passenger is issued a valid non-transferable ticket that shows clearly

    • (a) the name of the passenger;

    • (b) the name of the charterer;

    • (c) the name or letter code of the air carrier performing the ABC;

    • (d) the points of emplanement and deplanement of the passenger for both the outbound and return portions of the ABC;

    • (e) the flight numbers of the outbound and return portions of the ABC for which the passenger’s reservation is confirmed or has been requested;

    • (f) the dates of departure and return of the passenger or a notation that no reservation was made for a portion of the ABC;

    • (g) the date on which the passenger’s reservation for ABC transportation was confirmed;

    • (h) the price per seat paid for the passenger’s ABC transportation; and

    • (i) where the passenger’s reservation for an ABC is changed, the revised travel dates, points of emplanement and deplanement and flight numbers.

  • SOR/96-335, s. 35
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