Air Transportation Regulations (SOR/88-58)

133. (1) Air carriers subject to the Agency’s jurisdiction that participate in joint tariffs of air carriers or agents shall notify the Agency of their concurrence in a joint tariff by filing

• (a) where a specific tariff of an issuing air carrier or agent is concurred in, a certificate of specific concurrence prepared in the form set out in Schedule V;

• (b) where a concurrence is to be limited in scope, a certificate of limited concurrence prepared in the form set out in Schedule VI; or

• (c) where all tariffs of an issuing carrier or agent are to be concurred in, a certificate of general concurrence prepared in the form set out in Schedule VII.

(2) Except as otherwise provided in these Regulations, every tariff concurred in by a specific, limited or general concurrence shall make reference to the appropriate serial number and prefix against the name of the concurring air carrier in the tariff.

(3) Every tariff published pursuant to a limited or a specific concurrence shall conform to the terms thereof indicated in the form set out in Schedule V or VI.

(4) A certificate of concurrence filed with the Agency may be revoked by filing a new certificate of concurrence in its place or by sending a notice of revocation to the Agency.

(5) The revocation of a certificate of concurrence shall take effect not less than 60 days after the Agency receives notice of the revocation.

(6) Every notice of revocation of a certificate of concurrence shall be prepared in the form set out in Schedule VIII and filed with the Agency.

(7) Where a certificate of concurrence is revoked and the notice of revocation is not disallowed by the Agency, an amendment of every tariff affected by the revocation shall be filed with the Agency in accordance with section 115 no later than the effective date of the revocation.

(8) Where a tariff is not amended in accordance with subsection (7),

• (a) the tolls in the tariff remain applicable and the carrier that revoked its concurrence is thereafter entitled to receive its local tolls;

• (b) where the tariff is published by an air carrier, that air carrier will be held liable to the carrier that revoked the concurrence for the difference between the tolls in the unamended tariff and those that would have existed had the tariff been amended in accordance with the revocation of concurrence; and

• (c) where the tariff was published by an agent, the other air carriers whose combined routings form the joint route will be held responsible for such difference in tolls.

(9) Where a tariff of an air carrier or agent not subject to the jurisdiction of the Agency is filed with the Agency and a non-concurring air carrier participates therein, the said tariff shall be effective and the tolls, the terms and conditions therein applicable unless the non-concurring air carrier has applied for and received an order from the Agency disallowing the tariff.

(10) Where two or more agents each file the same joint tariff, no mailing of a copy of a certificate of concurrence to each group of air carriers for whom each agent acts as attorney is required.

134. (1) Before an air carrier publishes tariffs through an agent, the carrier shall file with the Agency a power of attorney in the form set out in Schedule IX.

(2) Where an air carrier publishes tariffs through another air carrier or a corporation that is not an air carrier, the issuing carrier shall first file with the Agency a power of attorney in the form set out in Schedule X.

(3) Where two or more air carriers appoint the same agent, separate powers of attorney are required from those air carriers.

(4) Powers of attorney issued to two or more air carriers or other agents shall not result in the publication of duplicate or conflicting tariffs.

(5) A power of attorney may be cancelled by the substitution therefor of a new power of attorney expressly cancelling the power of attorney in force or by notice of revocation in the form set out in Schedule XI.

(6) A new power of attorney or notice of revocation shall be filed with the Agency at least 60 days before it becomes effective.

(7) A substitution or revocation that cancels a power of attorney and to which an agent has not given effect by modification of the tariff affected thereby shall not be taken into account by the Agency unless the air carrier has applied to and received from the Agency an order disallowing that tariff.

(8) Every agent’s tariff shall show the name of the air carrier for whom the agent acts, together with the serial number of the power of attorney authorizing the agent to publish and file tariffs for that carrier.

(9) Every agent’s tariff applicable jointly between or from points that air carriers are authorized to serve shall be filed by each agent in that agent’s own CTA(A) series unless all the air carriers appoint the same agent.