Air Transportation Regulations

37 (1) On request, the Agency shall issue a charter permit to a licensee, that is valid for a period of up to one year, to operate a passenger resaleable charter or series of passenger resaleable charters with aircraft having an MCTOW greater than 15 900 kg without the requirement to apply for a charter permit under section 34 if the licence issued to the licensee authorizes the operation of the flight or the series of flights and the licensee

• (a) holds a financial guarantee that meets the requirements of subsections 34(6) and (7) and files a copy of the financial guarantee with the Agency;

• (b) files with the Agency a signed and witnessed statement by each charterer that certifies that the charterer is in possession of

  • (i) a copy of the financial guarantee and any amendments made to the financial guarantee; and

  • (ii) if the financial guarantee is a letter of credit, the original of the letter of credit and any amendments made to the letter of credit;

• (c) files with the Agency proof that verifiable monitoring, compliance and disclosure systems situated in Canada have been instituted to enable the licensee, during the period of validity of the charter permit, to ensure that

  • (i) the level of protection specified in the financial guarantee is such that all advance payments are fully protected at all times, and

  • (ii) all provisions of the financial guarantee are fully complied with.

(2) The monitoring, compliance and disclosure systems shall not be modified in any way during the period of validity of the charter permit without the prior written approval of the Agency, which approval shall be given if the requirements set out in subparagraphs (1)(c)(i) and (ii) continue to be met.

(3) During the period of validity of the charter permit,

• (a) the licensee shall include in every charter contract and arrangement that is in force during that period, the information and statement required under subsections 34(3) and (4) respectively;

• (b) the licensee shall, in respect of a charter contract or arrangement referred to in paragraph (a), specify, on the page of the charter contract or arrangement that bears the signatures of both the licensee and the charterer, that a charter permit has been issued by the Agency and the period of the validity of the charter permit;

• (c) the licensee shall provide each charterer with

  • (i) a copy of the financial guarantee and any amendments made to the financial guarantee in addition to signed documentation that establishes that the advance payments received by the licensee for each charter or series of charters are protected, or

  • (ii) if the financial guarantee is a letter of credit, the original of the letter of credit and any amendments made to the letter of credit;

• (d) the provisions of subsection 34(8) and paragraph 36(1)(b) shall apply;

• (e) the licensee shall file with the Agency a copy of all financial guarantees, other than the financial guarantees referred to in paragraph (1)(a), subsection 34(8) and paragraph 36(1)(b), prior to any advance payments being received from the charterer; and

• (f) the licensee shall, upon filing with the Agency a copy of a financial guarantee pursuant to paragraph (e), file evidence with the Agency that

  • (i) the charterer has been provided with the financial guarantee in accordance with paragraph (c), and

  • (ii) the level of protection specified in the financial guarantee is such that all advance payments are fully protected at all times.