135. (1) Where an air carrier, in this section called an “adopted carrier”, changes its name or transfers the control of its operations, any other air carrier, in this section called an “adopting carrier”, that adopts the tariffs, concurrences therein, supplements and modifications thereof or other documents of the adopted carrier shall
(a) file with the Agency an adoption notice in the form set out in Schedule XII;
(b) file a power of attorney if the agent of the adopted carrier or a new agent is being appointed;
(c) make to every tariff referred to in the adoption notice such an amendment as to indicate the CTA(A) number of the adoption notice and, expressly, the fact that the tariff, including any amendment thereto, has become the tariff of the adopting carrier pursuant to the notice; and
(d) where the tariff to be amended is on paper, insert the adoption notice in the tariff on a page that remains in effect until the tariff is cancelled or amended in such manner as to remove any reference to the adopted carrier.
(2) Every supplement to a tariff of an adopted carrier that an adopting carrier publishes after the supplement referred to in paragraph (1)(d) shall
(a) contain the name of the adopting air carrier;
(b) be numbered consecutively following the number of the adoption supplement; and
(c) bear the CTA(A) number of the adopted carrier’s series and the name or initials of that carrier.
(3) Where a tariff in which an adopted carrier is named as a participant is published by other air carriers or agents, the tariff shall be amended to substitute for the name of that carrier, in the first supplement published by those air carriers or agents after the adoption takes effect, the name of the adopting carrier, and the supplement of the amended tariff shall include a provision to the effect that the adopting carrier, by its adoption notice, indicated by a CTA(A) number in that provision, has taken over the tariffs of that participant and that the name of the adopting carrier is substituted for the name of that participant, wherever it appears in the tariff, effective on the date of the adoption.
(4) Where a tariff on paper is amended in accordance with subsection (3), the substitution clause shall remain in effect until the tariff is cancelled or until all necessary amendments to the tariff have been effected to remove all references to the adopted carrier.
(5) Powers of attorney and certificates of concurrence adopted by an adopting carrier shall be replaced within 120 days by new powers of attorney and certificates of concurrence of that carrier, in which reference shall be made to the cancellation of the documents of the adopted carrier.
(6) [Repealed, SOR/96-335, s. 76]
- SOR/93-253, s. 2(F);
- SOR/96-335, s. 76.
135.1 This Division applies in respect of every air carrier that operates TPCs, TPNCs or TGCs.
- SOR/96-335, s. 77.
135.2 Section 135.3 does not apply in respect of the operation of an international service that serves the transportation needs of the bona fide guests, employees and workers of a lodge operation, including the transportation of luggage, materials and supplies of those guests, employees and workers.
- SOR/96-335, s. 77.
- Date modified: