Air Transportation Regulations (SOR/88-58)

• 54. (1) An air carrier that has been issued a program permit for an ABC pursuant to section 48.1 may

  • (a) modify the ABC program approved by that permit, by advising the Agency of changes, by letter or electronic message, with respect to

    • (i) the type of aircraft used,

    • (ii) the seating capacity, or

    • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

  • (b) apply to the Agency in writing, submitting a modified ABC contract, to amend the permit by way of changes not described in paragraph (a).

• (2) An air carrier modifying an ABC program in accordance with paragraph (1)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

• (3) No application by an air carrier to amend an approved ABC in a manner not described in paragraph (l)(a) shall be accepted by the Agency unless the application is submitted to the Agency in the manner set out in section 52.

55. A contract for an ABC is subject to the following conditions:

• (a) every public solicitation carried out and every ticket issued by the charterer or agents of the charterer in respect of the ABC for which a program permit is required, before the Agency has issued the permit shall include a notice that the ABC or series of ABCs, as the case may be, are subject to the approval of the Agency; and

• (b) every public solicitation in respect of an ABC shall include

  • (i) the price per seat applicable to the ABC transportation,

  • (ii) the name of the air carrier or the names of the air carriers,

  • (iii) the name of the charterer, and

  • (iv) a notice that the transportation offered is in accordance with these Regulations.

• 56. (1) On an ABC between Canada and any point in Bermuda, the Caribbean, the Bahamas, Mexico, Central America or the northern coastal regions of South America including Colombia, Venezuela, Guyana, Surinam, French Guiana and the islands adjacent thereto, each passenger reservation must be confirmed with the charterer not later than 14 days prior to the date of departure of the outbound portion of that ABC.

• (2) On an ABC between Canada and any point other than those referred to in subsection (1), each passenger reservation must be confirmed with the charterer not later than 21 days prior to the date of departure of the outbound portion of that ABC.

• (3) Notwithstanding subsections (1) and (2), the following number of seats may be contracted for sale to the public not later than seven days prior to the date of departure of the outbound portion of an ABC:

  • (a) 20 seats, where an aircraft has an MCTOW greater than 75,000 pounds (34,029 kg) but not greater than 150,000 pounds (68,058 kg);

  • (b) 30 seats, where an aircraft has an MCTOW greater than 150,000 pounds (68,058 kg) but not greater than 350,000 pounds (158,802 kg); or

  • (c) 40 seats, where an aircraft has an MCTOW greater than 350,000 pounds (158,802 kg).

• (4) [Repealed, SOR/98-197, s. 2]