Canadian Aviation Regulations (SOR/96-433)

Subpart 4 — Charges

General

104.01 Subject to section 104.03, the charge imposed in respect of the issuance, renewal, amendment or endorsement or, in the case of a medical certificate, the processing, on or after January 1, 1998 of a document referred to in column I of an item of Schedules I to VII to this Subpart is the charge set out in column II of the item.

104.02 As provided by paragraph 4.4(2)(b) of the Act, if a document referred to in column I of an item of Schedules I to VII to this Subpart is not issued, renewed, amended or endorsed but action preparatory thereto has been carried out, the charge calculated in accordance with section 104.01, 104.03 or 104.04 is payable.

Aeronautical Product Approvals

• 104.03 (1) Subject to subsection (2), the charge imposed in respect of the issuance, renewal, amendment or endorsement on or after January 1, 1998 of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the amount calculated on the basis of $40 per hour for each technical specialist assigned to the processing of the application, which amount shall not exceed the charge set out in column II of the item.

• (2) If, at the request of the applicant, an application is processed by technical specialists who would not otherwise be available under Department of Transport policy to process the application and who are dedicated on an exclusive, priority basis to the application, the charge imposed in respect of the issuance, renewal, amendment or endorsement on or after January 1, 1998 of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the amount calculated on the basis of $120 per hour for each technical specialist assigned to the processing of the application.

Processing of Applications outside Canada

• 104.04 (1) In addition to a charge referred to in section 104.01 to 104.03, when an employee of the Department of Transport must travel outside Canada to process an application for the issuance, renewal, amendment or endorsement of a document, the following expenses that relate to the processing of the application are payable:

  • (a) transportation, lodging, meal and incidental expenses, as calculated in accordance with the rates set out in the National Joint Council Travel Directive; and

  • (b) overtime expenses, as calculated in accordance with the appropriate collective agreement, for performing the service or travelling to perform the service on weekdays, when the total duty time for the day exceeds 7.5 hours, and on Saturdays, Sundays and Canadian statutory holidays.

• (2) The Minister shall, on request by an applicant, provide an estimate of the expenses referred to in subsection (1).

Payment

104.05 Subject to section 104.06, a charge imposed under this Subpart is payable in Canadian dollars at the time the service is commenced.

104.06 A charge is payable in Canadian dollars within 30 days after the date indicated on each invoice presented by the Minister for the service, in the case of a charge imposed in respect of

• (a) the processing of medical certificates referred to in item 21 of Schedule IV to this Subpart;

• (b) aeronautical product approvals referred to in section 104.03; and

• (c) the expenses referred to in section 104.04 in respect of the processing of applications outside Canada.

Transitional Provisions

• 104.07 (1) Subject to subsection (2), in the case of a service that was commenced but not completed before January 1, 1998, the charge imposed in respect of the issuance, renewal, amendment or endorsement or, in the case of a medical certificate, the processing of a document referred to in column I of an item of Schedules I to VII to this Subpart is the lesser of

  • (a) the charge payable under these Regulations, as they read immediately before January 1, 1998, and

  • (b) the charge set out in column II of the item.

• (2) In the case of a service that was commenced but not completed before January 1, 1998, the charge imposed in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the greater of

  • (a) the charge payable under these Regulations, as they read immediately before January 1, 1998, and

  • (b) the amount calculated on the basis of $40 per hour starting January 1, 1998 for each technical specialist assigned to the processing of the application, which amount shall not exceed the charge set out in column II of the item.