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Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2021-06-28 and last amended on 2020-06-10. Previous Versions

PART IIAir Transportation

Interpretation and Application

Marginal note:Definitions

  •  (1) In this Part,

    aircraft

    aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act; (aéronef)

    air service

    air service means a service, provided by means of an aircraft, that is publicly available for the transportation of passengers or goods, or both; (service aérien)

    basic fare

    basic fare means

    • (a) the fare in the tariff of the holder of a domestic licence that has no restrictions and represents the lowest amount to be paid for one-way air transportation of an adult with reasonable baggage between two points in Canada, or

    • (b) where the licensee has more than one such fare between two points in Canada and the amount of any of those fares is dependent on the time of day or day of the week of travel, or both, the highest of those fares; (prix de base)

    Canadian

    Canadian means

    • (a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,

    • (b) a government in Canada or an agent or mandatary of such a government, or

    • (c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 51% of the voting interests are owned and controlled by Canadians and where

      • (i) no more than 25% of the voting interests are owned directly or indirectly by any single non-Canadian, either individually or in affiliation with another person, and

      • (ii) no more than 25% of the voting interests are owned directly or indirectly by one or more non-Canadians authorized to provide an air service in any jurisdiction, either individually or in affiliation with another person; (Canadien)

    Canadian aviation document

    Canadian aviation document has the same meaning as in subsection 3(1) of the Aeronautics Act; (document d’aviation canadien)

    domestic licence

    domestic licence means a licence issued under section 61; (Version anglaise seulement)

    domestic service

    domestic service means an air service between points in Canada, from and to the same point in Canada or between Canada and a point outside Canada that is not in the territory of another country; (service intérieur)

    international service

    international service means an air service between Canada and a point in the territory of another country; (service international)

    licensee

    licensee means the holder of a licence issued by the Agency under this Part; (licencié)

    non-scheduled international licence

    non-scheduled international licence means a licence issued under subsection 73(1); (Version anglaise seulement)

    non-scheduled international service

    non-scheduled international service means an international service other than a scheduled international service; (service international à la demande)

    prescribed

    prescribed means prescribed by regulations made under section 86; (règlement)

    scheduled international licence

    scheduled international licence means a licence issued under subsection 69(1); (Version anglaise seulement)

    scheduled international service

    scheduled international service means an international service that is a scheduled service pursuant to

    • (a) an agreement or arrangement for the provision of that service to which Canada is a party, or

    • (b) a determination made under section 70; (service international régulier)

    tariff

    tariff means a schedule of fares, rates, charges and terms and conditions of carriage applicable to the provision of an air service and other incidental services. (tarif)

  • Marginal note:Affiliation

    (2) For the purposes of this Part,

    • (a) one corporation is affiliated with another corporation if

      • (i) one of them is a subsidiary of the other,

      • (ii) both are subsidiaries of the same corporation, or

      • (iii) both are controlled by the same person;

    • (b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other;

    • (c) a partnership or sole proprietorship is affiliated with another partnership or sole proprietorship if both are controlled by the same person;

    • (d) a corporation is affiliated with a partnership or a sole proprietorship if both are controlled by the same person;

    • (e) a corporation is a subsidiary of another corporation if it is controlled by that other corporation or by a subsidiary of that other corporation;

    • (f) a corporation is controlled by a person other than Her Majesty in right of Canada or a province if

      • (i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and

      • (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;

    • (g) a corporation is controlled by Her Majesty in right of Canada or a province if

      • (i) the corporation is controlled by Her Majesty in the manner described in paragraph (f), or

      • (ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by

        • (A) the Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, or

        • (B) a Minister of the government of Canada or the province, as the case may be; and

    • (h) a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than 50% of the profits of the partnership or more than 50% of its assets on dissolution.

  • Marginal note:Definition of person

    (3) In subsection (2), person includes an individual, a partnership, an association, a corporation, a trustee, an executor, a liquidator of a succession, an administrator or a legal representative.

  • Marginal note:Control in fact

    (4) For greater certainty, nothing in subsection (2) shall be construed to affect the meaning of the expression “controlled in fact” in the definition Canadian in subsection (1).

  • 1996, c. 10, s. 55
  • 2000, c. 15, s. 1
  • 2001, c. 27, s. 222
  • 2018, c. 10, s. 15

Marginal note:Non-application of Part

  •  (1) This Part does not apply to a person that uses an aircraft on behalf of the Canadian Armed Forces or any other armed forces cooperating with the Canadian Armed Forces.

  • Marginal note:Specialty service exclusion

    (2) This Part does not apply to the operation of specialty services provided by aircraft, including firefighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, airborne agricultural, industrial and inspection services or any other prescribed service provided by aircraft.

  • Marginal note:Emergency service exclusion

    (3) This Part does not apply to the provision of an air service if the federal government or a provincial or a municipal government declares an emergency under federal or provincial law, and that government directly or indirectly requests that the air service be provided to respond to the emergency.

  • Marginal note:Public interest

    (4) The Minister may, by order, prohibit the provision of an air service under subsection (3) or require the discontinuance of that air service if, in the opinion of the Minister, it is in the public interest to do so.

  • Marginal note:Not a statutory instrument

    (5) The order is not a statutory instrument within the meaning of the Statutory Instruments Act.

  • 1996, c. 10, s. 56
  • 2007, c. 19, s. 14
  • 2018, c. 10, s. 16
 
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