Transportation Information Regulations (SOR/96-334)

PART VIAir Services Undertakings

Interpretation

20 The definitions in this section apply in this Part.

air navigation undertaking

air navigation undertaking means a Canadian undertaking that operates in at least two provinces and provides

• (a) aeronautical communication, information and radio navigation services; and

• (b) air traffic control, aviation weather, emergency assistance and flight information services. (entreprise de navigation aérienne)

airport

airport has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéroport)

airport authority

airport authority means a not-for-profit corporation that manages, operates and maintains an airport

• (a) at the national capital or at a provincial capital;

• (b) in any province other than New Brunswick, if at least 200,000 passengers arrive at or depart from the airport in a year; or

• (c) in New Brunswick, if at least 196,000 passengers arrive at or depart from the airport in a year. (administration aéroportuaire)

Information

• 21 (1) An airport authority must provide to the Minister the information that is required by the form set out in column I of each item of Part I of Schedule VI in respect of the quarterly and annual reporting periods set out in column II of the item by no later than the corresponding day set out in column III of that item.

• (2) The information required by paragraph 2(b) of Part I of Schedule VI must be audited.

• 21.1 (1) The operator of an airport that is not served, either on-site or remotely or either full-time or part-time, by a NAV CANADA control tower, flight service station or community aerodrome radio station must provide to the Minister information about each aircraft movement at the airport during periods when the airport is staffed, including the following information when it is available:

  • (a) the date and time of the arrival or departure;

  • (b) the flight number or, if there is no flight number, the registration mark of the aircraft;

  • (c) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (d) the aircraft’s model;

  • (e) the aerodrome that the flight is arriving from or departing for;

  • (f) information as to

    • (i) whether the flight is taking off or landing,

    • (ii) whether the flight is civilian or military, and

    • (iii) whether the flight is local or itinerant; and

  • (g) the runway used.

• (2) The operator must provide to the Minister the details relating to the information required by subsection (1) that are provided for in the form referred to in column I of Part I.1 of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

• 21.2 (1) The operator of an airport that is not owned by the Government of Canada must provide to the Minister information about the airport’s balance sheet and income statement, including

  • (a) its current assets;

  • (b) its capital assets;

  • (c) its current liabilities;

  • (d) its long-term liabilities;

  • (e) its revenues, broken down by source such as landing fees, terminal fees, parking fees, revenues from concessions and rent collected;

  • (f) its labour costs;

  • (g) its operating expenses;

  • (h) its taxes;

  • (i) its interest payments; and

  • (j) its depreciation.

• (2) If the operator does not produce a balance sheet for the airport, the operator must provide that information to the Minister instead of the information referred to in paragraphs (1)(a) to (d).

• (3) If the operator does not produce an income statement for the airport, the operator must provide that information to the Minister instead of the information referred to in paragraphs (1)(e) to (j).

• (4) An operator of multiple airports that does not keep separate accounts for each of its airports may provide the information required by subsections (1) to (3) in aggregate for all of its airports if the operator identifies the airports and indicates that separate accounts are not kept for each airport.

• (5) The operator must provide to the Minister the details relating to the information required by subsections (1) to (4) that are provided for in the form referred to in column I of Part I.2 of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

• 22 (1) An air navigation undertaking must provide to the Minister the information that is required by the form set out in column I of each item of Part II of Schedule VI in respect of the quarterly and annual reporting periods set out in column II of the item by no later than the corresponding day set out in column III of that item.

• (2) The information required by paragraph 2(b) of Part II of Schedule VI must be audited.

• 22.1 (1) An air navigation undertaking must provide to the Minister information about each flight for which a flight plan was submitted electronically to an air navigation authority, including

  • (a) the date and time of the flight’s departure;

  • (b) the flight number, if any;

  • (c) the aircraft’s registration mark, if provided by its operator;

  • (d) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (e) the International Civil Aviation Organization aircraft type designator for the aircraft;

  • (f) the origin and destination of each segment of the flight; and

  • (g) the NAV CANADA flight plan identifier.

• (2) An air navigation undertaking must provide to the Minister information about each flight that enters or exits Canadian-controlled airspace, other than airspace delegated to Canada, and for which the air navigation undertaking has surveillance data or other monitoring data for the period during which the flight is within the Canadian Domestic Airspace. The information must include

  • (a) the date of the flight;

  • (b) the flight number, if any;

  • (c) the aircraft’s registration mark, if provided by its operator;

  • (d) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (e) the International Civil Aviation Organization aircraft type designator for the aircraft;

  • (f) the flight’s origin and destination;

  • (g) information as to whether the flight entered or exited; and

  • (h) the point of entry into or point of exit from Canadian-controlled airspace, as determined by the surveillance data or other monitoring data.

• (3) An air navigation undertaking must provide to the Minister the details relating to the information required by subsections (1) and (2) that are provided for in the form referred to in column I of Part III of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

• 22.2 (1) Subject to subsection (3), NAV CANADA must provide to the Minister the following information for each aircraft movement at an aerodrome, on a monthly basis:

  • (a) the name of the aerodrome where the movement took place;

  • (b) the date and time of the departure or arrival;

  • (c) the flight number or, if there is no flight number, the registration mark of the aircraft;

  • (d) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (e) the aircraft’s model;

  • (f) the aerodrome that the flight is arriving from or departing for;

  • (g) an indication of whether the aircraft is taking off or landing;

  • (h) the runway used; and

  • (i) an indication of whether the movement was conducted by visual flight rules or instrument flight rules.

• (2) The information required by subsection (1) must be provided using Transport Canada’s Electronic Collection of Air Transportation Statistics program within 30 days after the last day of the reporting period.

• (3) NAV CANADA must provide the information required by subsection (1) for the 90-day period beginning on the day on which this section comes into force, within 30 days after the last day of that period.

PART VIIDeep Waterway Undertakings

Interpretation

23 The definitions in this section apply in this Part.

deep waterway

deep waterway means a body of water the depth of which is at least 8.229 6 m (27 feet) or, in the case of lock sills, at least 9.144 m (30 feet). (voie en eau profonde)

deep waterway undertaking

deep waterway undertaking means a company incorporated under the laws of Canada or a province for the purpose of constructing, maintaining and operating a deep waterway. (entreprise de voie en eau profonde)

Information

• 24 (1) A deep waterway undertaking must provide to the Minister the information that is required by the form set out in column I of each item of Schedule VII in respect of the reporting period or periods set out in column II of the item by no later than the corresponding day set out in column III of that item.

• (2) The information required by paragraph 5(b) of Schedule VII must be audited.

Part VIII [Reserved]

[25 and 26 reserved] DORS/99-328, art. 7.

PART IXGrain Handling Undertakings

Interpretation

27 In this Part, licensee, primary elevator, process elevator and terminal elevator have the meanings assigned to them in section 2 of the Canada Grain Act.

Application

28 This Part applies to a licensee who operates the following elevators at which grain is handled:

• (a) one or more primary elevators in the Western Division, if the total amount of grain handled at those primary elevators in a crop year is 100,000 tonnes or more;

• (b) a terminal elevator; or

• (c) a process elevator.

Information Provided by a Licensee

Financial Information

29 A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister the operating expenses in relation to its grain handling activities for the elevator or the aggregate of elevators, in respect of each fiscal year of the licensee.

• 30 (1) A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister, in relation to capital assets used for grain handling, in respect of each fiscal year of the licensee, information regarding the following categories of capital assets:

  • (a) buildings;

  • (b) land;

  • (c) machinery and equipment;

  • (d) vehicles;

  • (e) railway sidings; and

  • (f) any other category of capital assets related to the handling of the grain.

• (2) The information to be provided for each category must include

  • (a) historical costs;

  • (b) accumulated depreciation;

  • (c) net book value at the beginning of the fiscal year;

  • (d) additions;

  • (e) disposals;

  • (f) depreciation; and

  • (g) net book value at the end of the fiscal year.

• 31 (1) A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister, in relation to its grain handling activities in each fiscal year of the licensee, a statement of

  • (a) its net revenue for the handling of grain that the Canadian Wheat Board has authority to market and its net revenue for the handling of all other grains; and

  • (b) the benefits, including the monetary benefits, that are associated with those net revenues and given to producers as a means of sharing present or anticipated gains in the efficiency of the grain handling and transportation system.

• (2) The value of the monetary benefits paid or credited to producers shall be expressed, if reasonably quantifiable, in dollars.

32 A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister, in relation to its grain handling activities in each fiscal year of the licensee, a statement of marine demurrage charges paid in respect of grain that the Canadian Wheat Board does not have authority to market.

33 A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide the financial information referred to in sections 29 to 32 by no later than 120 days after the end of the fiscal year of the licensee.

34 If the financial information provided by a licensee under any of sections 29 to 32 includes estimates, allocations or apportionments, the licensee shall provide a description of the basis for them.

35 Financial information provided in respect of a licensee under this Part shall be

• (a) based on the licensee’s accounting records; and

• (b) if applicable, prepared in accordance with generally accepted accounting principles.