GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Air Transportation Regulations — 8.2
8.2 (1) For the purposes of section 60 of the Act and subject to section 8.3, approval of the Agency is required before a person may provide all or part of an aircraft, with a flight crew, to a licensee for the purpose of providing an air service pursuant to the licensee’s licence and before a licensee may provide an air service using all or part of an aircraft, with flight crew, provided by another person. (2) The licensee and the person who provides all or part of an aircraft with flight crew shall apply to the Agency for the approval at least 15 business days before the date of the first proposed flight. (3) The application shall include the following: (a) in respect of the proposed air service, evidence that the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection (4) and, where applicable, subsection (5) are in effect; (b) the name of the licensee; (c) if applicable, the name of the charterer or charterers and the charter permit number; (d) the name of the person providing the aircraft with flight crew; (e) the aircraft type to be provided; (f) the maximum number of seats and the cargo capacity of the aircraft to be provided and, where applicable, the maximum number of seats and the cargo capacity to be provided for use by the licensee; (g) the points to be served; (h) the frequency of service; (i) the period covered by the proposed air service; and (j) an explanation of why the use by the licensee of all or part of an aircraft with a flight crew provided by another person is necessary. (4) The licensee shall maintain liability insurance covering injuries sustained by passengers and the death of passengers and third party liability insurance coverage for an air service for which another person provides all or part of an aircraft with flight crew, at least in the amount as determined under section 7, (a) by means of its own policy; or (b) subject to subsection (5), by being named as an additional insured under the policy of the other person and that policy must be primary and without right of contribution from any other insurance policy held by the licensee. (5) Where the licensee is named as an additional insured under the policy of the person who is providing all or part of an aircraft with flight crew, there must be a written agreement between the licensee and the person to the effect that, for all flights for which the person provides all or part of an aircraft with flight crew, the person will hold the licensee harmless from, and indemnify the licensee for, all passenger and third party liabilities while passengers or cargo transported under contract with the licensee are under the control of the person. (6) The licensee and the person who provides the aircraft with flight crew shall notify the Agency in writing forthwith if the liability insurance coverage referred to in subsection (4) and, where applicable, subsection (5) has been cancelled or altered in any manner that results in failure by the licensee or the person to maintain the coverage. SOR/96-335, s. 4 SOR/2019-176, s. 6
Air Transportation Regulations — 8.4
8.4 Where the Agency has granted an approval, or no approval is required pursuant to section 8.3, the licensee is not required to (a) notwithstanding paragraph 18(a), furnish the services, equipment and facilities that are necessary for the purposes of the provision of the air service; or (b) satisfy the condition set out in paragraph 18(c). SOR/96-335, s. 4
Air Transportation Regulations — 8.5
8.5 (1) Subject to subsection (4), a licensee that intends to provide an air service described in subsection 8.2(1) shall so notify the public in accordance with subsection (2). (2) The licensee shall give notification that the air service referred to in subsection (1) is being operated using an aircraft and a flight crew provided by another person, and shall identify that person and specify the aircraft type (a) on all service schedules, timetables, electronic displays and any other public advertising of the air service; and (b) to travellers (i) before reservation, or after reservation if the arrangement for the air service has been entered into after a reservation has been made, and (ii) on check-in. (3) A licensee shall identify the person providing the aircraft and specify the aircraft type for each segment of the journey on all travel documents, including, if issued, itineraries. (4) Where paragraph 8.3(1)(b) applies, a licensee is exempt from having to comply with the requirements of subsection (1), paragraph (2)(a), subparagraph (2)(b)(i) and subsection (3) only if the licensee has made every effort to comply with them. (5) Where an approval is required by subsection 8.2(1) or an acknowledgement is required by paragraph 8.3(1)(b), the licensee may give the notification referred to in subsection (2) before receipt of the approval or acknowledgement if the notification contains a statement that the provision of the air service using all or part of an aircraft, with a flight crew, provided by a person other than the licensee is subject to the consent of the Agency. SOR/96-335, s. 4; SOR/2017-19, s. 1(F)
Air Transportation Regulations — 10
10 (1) An applicant for a domestic licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence to establish that the applicant (a) is a Canadian or is exempted from that requirement under section 62 of the Act; (b) holds a Canadian aviation document that is valid in respect of the air service to be provided under the licence; (c) has the liability insurance coverage required by section 7 in respect of the air service to be provided under the licence and has complied with section 8; and (d) where the applicant is required to meet the financial requirements set out in section 8.1, meets those requirements. (2) [Repealed, SOR/2019-176, s. 8] SOR/96-335, s. 6 SOR/2019-176, s. 8
Air Transportation Regulations — 14
14 (1) For the purposes of subsection 64(1) of the Act, a licensee proposing to discontinue or to reduce the frequency of a domestic service to a point to less than one flight per week, where, as a result of the proposed discontinuance or reduction, there will be only one licensee or no licensee offering at least one flight per week to that point, shall give notice of the proposal (a) to the Agency, to the Minister and to the minister responsible for transportation in the province or territory where the area to be affected is located, by sending them a notice in the form set out in Schedule III; and (b) to holders of domestic licences operating in the area to be affected by the proposal and to persons resident therein, by publishing notice in the form set out in Schedule III in newspapers with the largest circulation in that area in each official language, the names of which newspapers shall be obtainable from the Agency on request by the licensee. (1.1) For the purposes of subsection 64(1.1) of the Act, a licensee proposing to discontinue a year-round non-stop scheduled air service between two points in Canada, where the proposed discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points, shall give notice of the proposal to the persons, and in the manner, referred to in paragraphs (1)(a) and (b). (2) The date of the notice referred to in paragraph (1)(b) shall be the same as the date on which the notice appears in the newspaper. SOR/96-335, s. 8; SOR/2001-71, s. 2
Air Transportation Regulations — 15
15 (1) An applicant for a scheduled international licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence to establish that the applicant (a) is eligible to hold a scheduled international licence; (b) holds a Canadian aviation document that is valid in respect of the air service to be provided under the licence; (c) has the liability insurance coverage required by section 7 in respect of the air service to be provided under the licence and has complied with section 8; and (d) where the applicant is required to meet the financial requirements set out in section 8.1, meets those requirements. (2) An applicant for a non-scheduled international licence, or for an amendment to or a renewal of such a licence, shall submit to the Agency documentary evidence that (a) meets the requirements of paragraphs (1)(b) to (d); and (b) establishes that (i) the applicant is a Canadian, or (ii) where the applicant is a non-Canadian, the applicant holds a document issued by the government of the applicant’s state or an agent thereof, in respect of the air service to be provided, that is equivalent to the non-scheduled international licence for which the application is being made. (3) [Repealed, SOR/2019-176, s. 9] SOR/96-335, s. 9 SOR/2019-176, s. 9
Air Transportation Regulations — 17
17 A non-Canadian air carrier is exempt from the requirement set out in paragraph 57(a) of the Act where the carrier disembarks passengers or goods in Canada as a result of circumstances beyond the carrier’s control. SOR/96-335, s. 10
Air Transportation Regulations — 18
18 (1) Every scheduled international licence and non-scheduled international licence is subject to the following conditions: (a) the licensee shall, on reasonable request therefor, provide transportation in accordance with the terms and conditions of the licence and shall furnish such services, equipment and facilities as are necessary for the purposes of that transportation; (b) the licensee shall not make publicly any statement that is false or misleading with respect to the licensee’s air service or any service incidental thereto; and (c) the licensee shall not operate an international service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence. (2) The condition set out in paragraph (1)(c) does not apply to advertising put on the exterior of the aircraft. SOR/96-335, s. 10 SOR/2019-176, s. 11
Air Transportation Regulations — 19
19 Subject to sections 142 and 143, every scheduled international licence shall be subject to the condition that the licensee shall, subject to any delays due to weather, conditions affecting safety or abnormal operating conditions, operate every flight in accordance with its service schedule. SOR/96-335, s. 10
Air Transportation Regulations — 20
20 Every licensee who holds a non-scheduled international licence is subject to the condition that they must not operate a passenger non-resaleable charter with a person who obtains payment for the transportation of passengers and goods at a toll per unit. SOR/92-709, s. 1; SOR/96-335, s. 10; SOR/98-197, s. 1 SOR/2019-176, s. 12
Air Transportation Regulations — 21
21 Subject to sections 28 and 29, an air carrier shall not operate an international charter unless the Agency has issued a charter permit to the air carrier, or the air carrier has been deemed to have been issued a charter permit, in respect of that charter. SOR/2019-176, s. 13
Air Transportation Regulations — 22
22 If the Agency has issued a charter permit to a licensee for the operation of an international charter, the licensee must operate the international charter in accordance with the information that they submitted in order to obtain the charter permit. SOR/96-335, s. 11 SOR/2019-176, s. 13
Air Transportation Regulations — 23
23 (1) The Agency may (a) deny an application for a charter permit made under subsection 27(1) if the licensee does not meet the requirements set out in that subsection; (b) deny an application for a charter permit made under section 34 if the licensee does not meet the requirements set out in subsections 34(1) to (7); and (c) deny a request for a charter permit made under subsection 37(1) if the licensee does not meet the requirements set out in that subsection. (2) If the operation of an international charter is contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the international charter is not operated in accordance with the information that the licensee submitted in order to operate the international charter or the licensee who operates the international charter contravenes subsection 74(2) of the Act with respect to the operation of that international charter, (a) the Agency may cancel the charter permit that was issued for that international charter, and in the case of a charter permit issued under section 37, the Agency may refuse to issue any other charter permit under that section for a period not exceeding 12 months after the date of cancellation; and (b) if this Division does not otherwise require the licensee who is operating the international charter to obtain prior approval, the Agency shall require, by notice in writing, the licensee to obtain a charter permit. (3) If the operation of an international charter operated pursuant to a charter permit issued under section 37 is contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the international charter is not operated in accordance with the information that the licensee submitted in order to obtain a charter permit or the licensee who operates the international charter contravenes subsection 74(2) of the Act with respect to the operation of that international charter, the Agency shall require, by notice in writing, the licensee who is operating the international charter to apply for a charter permit in accordance with section 34 in which case the charter permit issued under section 37 is automatically cancelled. (4) For the purposes of subsections (2) and (3), when determining whether the operation of an international charter is contrary to any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, international reciprocity in matters of air transportation shall be taken into consideration. SOR/96-335, s. 12 SOR/2019-176, s. 13
Air Transportation Regulations — 24
24 If a part of the bellyhold or main deck of an aircraft is not required for use pursuant to a charter contract or arrangement with respect to a passenger resaleable charter or passenger non-resaleable charter, a licensee may charter that part of the bellyhold or main deck for the carriage of goods if the goods are carried (a) in that part of the bellyhold or main deck of the aircraft that is not required for use pursuant to the charter contract or arrangement; (b) pursuant to another international charter contract or arrangement that is in respect of only that part of the bellyhold or main deck of the aircraft; or (c) between the points served for the purpose of enplaning or deplaning passengers. SOR/2019-176, s. 13
Air Transportation Regulations — 25
25 A licensee may, on an aircraft that is to be used for a charter flight, utilize any unused space on the aircraft for the transport of the licensee’s own goods and personnel and the goods and personnel of another licensee if the licensee has the prior concurrence of the charterer. SOR/92-709, s. 3; SOR/96-335, s. 15; SOR/2017-19, s. 2 SOR/2019-176, s. 13
Air Transportation Regulations — 26
26 (1) A licensee that operates an international charter with aircraft having an MCTOW of 15 900 kg or less is deemed to have been issued a charter permit by the Agency for that purpose if the operation of the international charter is not contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party and the licensee does not contravene subsection 74(2) of the Act with respect to the operation of that international charter. (2) For the purposes of subsection (1), when determining whether or not the operation of an international charter is contrary to any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, international reciprocity in matters of air transportation shall be taken into consideration. SOR/96-335, s. 16 SOR/2019-176, s. 13
Air Transportation Regulations — 27
27 (1) If the Agency requires a licensee to obtain a charter permit under paragraph 23(2)(b) for an international charter, the licensee shall provide the Agency with a written application for a charter permit at least two working days before the date of the proposed flight or the first flight of a series of proposed flights that contains the following information: (a) the name, postal address, email address and telephone number of each charterer; (b) the airport of enplanement or point of departure and the airport of deplanement or point of destination of each flight and any other airport proposed to be used by the licensee; (c) the dates and times of departure and arrival of each flight; and (d) the aircraft type and, as applicable, the passenger seating capacity of the aircraft and the nature, quantity and total weight of goods to be carried on each flight. (2) The Agency shall issue a charter permit to a licensee to operate the international charter if the licensee has met the requirement set out in subsection (1) and the licence issued to the licensee authorizes the operation of the proposed flight or the series of proposed flights. SOR/92-709, s. 4; SOR/96-335, s. 17 SOR/2019-176, s. 13
Air Transportation Regulations — 28
28 The following licensees that propose to operate an international charter with aircraft having an MCTOW greater than 15 900 kg do not have to obtain a charter permit in accordance with this Part if the proposed operation of the international charter would not be contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the licensee would not contravene subsection 74(2) of the Act with respect to the operation of that international charter and if they provide the Agency with a written notice before the date of the proposed charter flight or the first flight of a series of proposed charter flights that contains the information set out in paragraphs 27(1)(a) to (d): (a) a licensee that proposes to operate a passenger non-resaleable charter that is destined to a country other than the United States; (b) a licensee that proposes to operate a goods charter that originates in, or is destined to, a country other than the United States; and (c) a licensee that proposes to operate a passenger foreign origin charter other than a passenger foreign origin charter that originates in the United States. SOR/96-335, s. 18 SOR/2019-176, s. 13
Air Transportation Regulations — 29
29 A licensee that operates a passenger non-resaleable charter or a goods charter with aircraft having an MCTOW greater than 15 900 kg that is destined to, or originates in, the United States does not have to obtain a charter permit prior to operating the charter flight if the operation of the charter is not contrary to the Act, these Regulations or any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, the licensee does not contravene subsection 74(2) of the Act with respect to the operation of that international charter and if, prior to the charter flight, they undertake to provide the Agency with a written report respecting the charter flights that were operated during the month in which the charter flight was operated within 30 days after the last day of that month and that contains the information set out in paragraphs 27(1)(a) to (d). SOR/2019-176, s. 13
Air Transportation Regulations — 30
30 For the purposes of sections 28 and 29, when determining whether or not the operation of an international charter would be contrary or is contrary to any international agreement, convention or arrangement respecting civil aviation to which Canada is a party, international reciprocity in matters of air transportation shall be taken into consideration. SOR/96-335, s. 19 SOR/2019-176, s. 13
Air Transportation Regulations — 31
31 (1) A licensee that operated a charter flight or series of charter flights shall keep evidence that the licensee operated the charter flight or series of charter flights in accordance with the information that they submitted in order to obtain the charter permit that was issued for that charter flight or those series of charter flights including (a) in the case of a passenger resaleable charter, records respecting any advance payments received by the licensee; and (b) flight coupons or equivalent information in another format. (2) The licensee shall keep the evidence for a period of one year after the date of departure of the last charter flight authorized by each charter permit and make it available to the Agency during that period. SOR/96-335, s. 20 SOR/2019-176, s. 13
Air Transportation Regulations — 32
32 When a licensee operates a passenger non-resaleable charter that is destined to a country other than the United States, the licensee shall charter with no more than three charterers, of which one or more may be foreign-origin charterers. SOR/92-709, s. 5; SOR/96-335, s. 21 SOR/2019-176, s. 13
Air Transportation Regulations — 33
33 If a charterer has one or more international charter contracts with a licensee, a passenger transported on an outbound portion under one international charter contract may be returned to the passenger’s point of origin under the same international charter contract or under any of the other international charter contracts between the charterer and the licensee. SOR/2019-176, s. 13
Air Transportation Regulations — 34
 provincial authority; (d) the financial guarantee may not be terminated or amended unless at least 45 days notice is given to the Agency by one of the parties to the financial guarantee; and (e) the financial guarantee is to be governed and construed under the laws of the province named in the guarantee. (7) The financial guarantee referred to in paragraph (2)(b) shall fully protect any advance payment in respect of the passenger resaleable charter or series of passenger resaleable charters from the time the advance payment is received by the licensee. (8) Notwithstanding paragraph (6)(d), a financial guarantee may be terminated or amended on less than 45 days’ notice where the approval of the Agency is obtained, which approval shall be given if (a) the licensee files with the Agency an agreement that is signed by the parties to the financial guarantee and terminates or amends the financial guarantee on less than 45 days’ notice; and (b) the advance payments received by the licensee will continue to be protected despite the termination or amendment. SOR/96-335, s. 23 SOR/2019-176, s. 13
Air Transportation Regulations — 35
35 The Agency shall issue a charter permit to a licensee to operate a passenger resaleable charter or series of passenger resaleable charters if the licensee has met the requirements set out in subsections 34(1) to (7) and the licence issued to the licensee authorizes the operation of the flight or the series of flights. SOR/96-335, s. 23 SOR/2019-176, s. 13