135.3 (1) Every air carrier shall
(a) publish or display and make available for public inspection, at the business office of the air carrier, all the tariffs in effect in respect of the charter service offered by the air carrier, whether or not those tariffs have been filed with the Agency;
(b) clearly identify in the tariffs referred to in paragraph (a) the rates, charges and terms and conditions of carriage applicable in respect of the charter service offered by the air carrier;
(c) retain a record of the tariffs referred to in paragraph (a) for a period of at least three years after the tariffs cease to have effect; and
(d) file with the Agency tariffs that contain general terms and conditions of carriage that are broadly applicable to all air transportation and that are not directly related to a rate or charge, in the style and, where applicable, with the information, that is required by Division II.
(2) No air carrier shall impose any rate or charge, or apply any term or condition of carriage, in respect of the charter service it offers, unless the rate, charge, term or condition is set out in a tariff referred to in paragraph (1)(a) that is in effect in respect of that service.
(3) An air carrier shall provide a copy of the tariffs referred to in paragraph (1)(a) or any portion thereof to any person on the request of that person.
(4) Subsections (1) to (3) do not apply in respect of a charter price set out in a contract respecting a TPC, TPNC or TGC between an air carrier and a charterer where
(a) the parties to the contract agree to keep the charter price confidential;
(b) the air carrier retains a copy of the page showing the charter price for a period of at least three years after the date it ceases to have effect; and
(c) the air carrier makes available to the Agency, on request, a copy of the page showing the charter price.
- SOR/96-335, s. 77.
Powers of the Agency
135.4 Where the Agency, on receiving a complaint or of its own motion, determines that any term or condition of carriage set out in a tariff is unjust or unreasonable, the Agency may
(a) suspend or disallow the tariff or a portion thereof;
(b) establish and substitute another tariff or portion thereof for the suspended or disallowed tariff or portion thereof; or
(c) prohibit an air carrier from advertising, offering or applying the suspended or disallowed tariff or portion thereof.
- SOR/96-335, s. 77.
135.5 The following definitions apply in this Part.
- “air transportation charge”
“air transportation charge” means, in relation to an air service, every fee or charge that must be paid upon the purchase of the air service, including the charge for the costs to the air carrier of providing the service, but excluding any third party charge. (frais du transport aérien)
- “third party charge”
“third party charge” means, in relation to an air service or an optional incidental service, any tax or prescribed fee or charge established by a government, public authority or airport authority, or by an agent of a government, public authority or airport authority, that upon the purchase of the service is collected by the air carrier or other seller of the service on behalf of the government, the public or airport authority or the agent for remittance to it. (somme perçue pour un tiers)
- “total price”
“total price” means
(a) in relation to an air service, the total of the air transportation charges and third party charges that must be paid to obtain the service; and
(b) in relation to an optional incidental service, the total of the amount that must be paid to obtain the service, including all third party charges. (prix total)
- SOR/2012-298, s. 3.
- Date modified: