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Air Transportation Regulations (SOR/88-58)

Regulations are current to 2024-11-26 and last amended on 2021-07-01. Previous Versions

PART IIIInternational Charters (continued)

DIVISION IIPassenger Resalable Charters (continued)

Charter Permit (continued)

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

PART IV[Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

 [Repealed, SOR/2019-176, s. 13]

PART VTariffs

Interpretation

 In this Part,

commodity toll

commodity toll means a rate or charge applicable to goods specifically named in the tariff; (taxe spécifique)

joint tariff

joint tariff means a tariff that applies to traffic carried by two or more air carriers; (tarif pluritransporteur)

joint toll

joint toll means a toll that applies to traffic carried by two or more air carriers and that is published as a single amount; (taxe pluritransporteur)

local tariff

local tariff means a tariff containing the local tolls of the air carrier named therein; (tarif unitransporteur)

local toll

local toll means a toll that applies to traffic between points served by one air carrier; (taxe unitransporteur)

through toll

through toll means the aggregate toll from a point of origin to a point of destination. (taxe totale)

  • SOR/93-253, s. 2(E)

DIVISION IDomestic

Application

 A tariff referred to in section 67 of the Act shall include the information required by this Division.

  • SOR/96-335, s. 53

Exception

 The holder of a domestic licence in respect of a domestic 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 or workers, is excluded, in respect of the service of those needs, from the requirements of section 67 of the Act.

  • SOR/96-335, s. 53

Contents of Tariffs

  •  (1) Every tariff shall contain

    • (a) the name of the issuing air carrier and the name, title and full address of the officer or agent issuing the tariff;

    • (b) the tariff number, and the title that describes the tariff contents;

    • (c) the dates of publication, coming into effect and expiration of the tariff, if it is to expire on a specific date;

    • (d) a description of the points or areas from and to which or between which the tariff applies;

    • (e) in the case of a joint tariff, a list of all participating air carriers;

    • (f) a table of contents showing the exact location where information under general headings is to be found;

    • (g) where applicable, an index of all goods for which commodity tolls are specified, with reference to each item or page of the tariff in which any of the goods are shown;

    • (h) an index of points from, to or between which tolls apply, showing the province or territory in which the points are located;

    • (i) a list of the airports, aerodromes or other facilities used with respect to each point shown in the tariff;

    • (j) where applicable, information respecting prepayment requirements and restrictions and information respecting non-acceptance and non-delivery of goods, unless reference is given to another tariff number in which that information is contained;

    • (k) a full explanation of all abbreviations, notes, reference marks, symbols and technical terms used in the tariff and, where a reference mark or symbol is used on a page, an explanation of it on that page or a reference thereon to the page on which the explanation is given;

    • (l) the terms and conditions governing the tariff, generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff;

    • (m) any special terms and conditions that apply to a particular toll and, where the toll appears on a page, a reference on that page to the page on which those terms and conditions appear;

    • (n) the terms and conditions of carriage, clearly stating the air carrier’s policy in respect of at least the following matters, namely,

      • (i) the carriage of persons with disabilities,

      • (ii) the carriage of children,

      • (iii) unaccompanied minors, including those who are travelling under the carrier’s supervision,

      • (iv) the assignment of seats to children who are under the age of 14 years,

      • (v) failure to operate the service or failure to operate the air service according to schedule,

      • (vi) flight delay,

      • (vii) flight cancellation,

      • (viii) delay on the tarmac,

      • (ix) denial of boarding,

      • (x) the re-routing of passengers,

      • (xi) whether the carrier is bound by the obligations of a large carrier or the obligations of a small carrier that are set out in the Air Passenger Protection Regulations,

      • (xii) refunds for services purchased but not used, whether in whole or in part, either as a result of the client’s unwillingness or inability to continue or the air carrier’s inability to provide the service for any reason,

      • (xiii) ticket reservation, cancellation, confirmation, validity and loss,

      • (xiv) refusal to transport passengers or goods,

      • (xv) method of calculation of charges not specifically set out in the tariff,

      • (xvi) the carriage of baggage including the loss, delay or damaging of baggage,

      • (xvii) the transportation of musical instruments,

      • (xviii) limits of liability respecting passengers and goods,

      • (xix) exclusions from liability respecting passengers and goods,

      • (xx) procedures to be followed, and time limitations, respecting claims, and

      • (xxi) any other terms and conditions deemed under subsection 86.11(4) of the Act to be included in the tariff;

    • (o) the tolls, shown in Canadian currency, together with the names of the points from, to or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified;

    • (p) the routings related to the tolls unless reference is made in the tariff to another tariff in which the routings appear; and

    • (q) the official descriptive title of each type of passenger fare, together with any name or abbreviation thereof.

  • (2) Every original tariff page shall be designated “Original Page”, and changes in, or additions to, the material contained on the page shall be made by revising the page and renumbering it accordingly.

  • (3) Where an additional page is required within a series of pages in a tariff, that page shall be given the same number as the page it follows but a letter shall be added to the number.

  • (4) and (5) [Repealed, SOR/96-335, s. 54]

Interest

 Where the Agency, by order, directs an air carrier to refund specified amounts to persons that have been overcharged by the air carrier for fares or rates in respect of its air service pursuant to paragraph 66(1)(c) of the Act, the amount of the refunds shall bear interest from the date of payment of the fares or rates by those persons to the air carrier to the date of the Agency’s order at the rate of interest charged by the Bank of Canada on short-term loans to financial institutions plus one and one-half percent.

  • SOR/2001-71, s. 3

DIVISION IIInternational

Application

 This Division applies to any air carrier that operates an international service other than an air carrier that operates a non-scheduled international service that transports traffic originating entirely in a foreign country.

Exception

 An air carrier that operates an international service that serves the transportation requirements 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 is excluded, in respect of the service of those requirements, from the requirements of subsection 110(1).

 

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