GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 53.7
Definitions 53.7 The following definitions apply in sections 53.71 to 53.84. arrangement means an agreement or arrangement, other than a transaction referred to in subsection 53.1(1), involving two or more transportation undertakings providing air services, as defined in subsection 55(1), to, from or within Canada, to coordinate on any aspect of the operation or marketing of such services, including prices, routes, schedules, capacity or ancillary services and to share costs or revenues or other resources or benefits. ( entente ) party means any person who proposes to enter into or has entered into an arrangement for which a notice has been given under subsection 53.71(1). ( partie ) 2018, c. 10, s. 14
Canada Transportation Act — C-10.4
arrangement means an agreement or arrangement, other than a transaction referred to in subsection 53.1(1), involving two or more transportation undertakings providing air services, as defined in subsection 55(1), to, from or within Canada, to coordinate on any aspect of the operation or marketing of such services, including prices, routes, schedules, capacity or ancillary services and to share costs or revenues or other resources or benefits. ( entente )
Canada Transportation Act — C-10.4
party means any person who proposes to enter into or has entered into an arrangement for which a notice has been given under subsection 53.71(1). ( partie )
Canada Transportation Act — C-10.4 53.71
Notice 53.71 (1) Every person who proposes to enter into an arrangement may notify the Minister of that arrangement. If the person so notifies the Minister, they shall at the same time provide a copy of the notice to the Commissioner of Competition. Information (2) A notice given under subsection (1) shall contain any information that is required under the guidelines that are issued and published by the Minister, including information that relates to considerations respecting competition. Guidelines (3) The guidelines referred to in subsection (2) shall be developed in consultation with the Competition Bureau and shall include factors that may be considered by the Minister to determine whether a proposed arrangement raises significant considerations with respect to the public interest under subsection (6) and, if applicable, to render a final decision regarding the arrangement under subsection 53.73(8). Not statutory instruments (4) The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act . Further information (5) The Minister or the Commissioner may, after receiving a notice or copy of a notice under subsection (1), require any party to provide further information. Minister’s response (6) The Minister shall, within 45 days after the day on which he or she receives the notice with the information referred to in subsection (2), inform the parties and the Commissioner as to whether, in his or her opinion, the proposed arrangement raises significant considerations with respect to the public interest. No significant public interest considerations (7) If the Minister is of the opinion that the proposed arrangement does not raise significant considerations with respect to the public interest, sections 53.72 to 53.79 do not apply to that arrangement. Significant public interest considerations (8) If the Minister is of the opinion that the proposed arrangement raises significant considerations with respect to the public interest, the arrangement is subject to the review process set out in section 53.73. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.72
Prohibition 53.72 If a notice has been given under subsection 53.71(1), the proposed arrangement shall not be completed without the Minister’s authorization under subsection 53.73(8). 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.73
Review process 53.73 (1) The Minister, or a person designated by the Minister, shall examine the proposed arrangement, if it is subject to the review process. Commissioner’s report (2) The Commissioner of Competition shall, within 120 days after the day on which he or she receives a copy of the notice under subsection 53.71(1) with the information referred to in subsection 53.71(2), report to the Minister and the parties on any concerns regarding potential prevention or lessening of competition that may occur as a result of the proposed arrangement. Summary (3) Unless a notice is withdrawn or is deemed to have been withdrawn under section 53.8, the Commissioner shall make public a summary of the conclusions of the report that does not include any confidential information. Communicating concerns (4) The Minister shall, within 150 days after the day on which he or she receives the notice with the information referred to in subsection 53.71(2), report to the parties on any concerns with respect to the public interest that may occur as a result of the proposed arrangement and provide a copy of the report to the Commissioner. Measures to address concerns (5) The parties shall, within 30 days after the day on which they receive the report under subsection (4), respond in writing to the Minister, addressing any concerns with respect to the public interest and competition raised by the Minister and the Commissioner and informing the Minister, among other things, of any measures they are prepared to undertake to address those concerns. The parties may propose amendments to the arrangement. Preliminary decision (6) The Minister shall, after consulting with the Commissioner and within 45 days after the day on which he or she receives the response from the parties under subsection (5), render a preliminary decision regarding the proposed arrangement and specify any terms and conditions relating to the public interest and competition under which an authorization could be given under subsection (8). Response to preliminary decision (7) The parties shall, within 30 days after the day on which they receive the Minister’s preliminary decision, provide a response in writing to the Minister and the response may include proposed amendments to the terms and conditions specified in the decision. Final decision (8) The Minister shall, within 30 days after the day on which he or she receives a response from the parties under subsection (7), render a final decision and make public a summary of that decision that does not include any confidential information. The Minister may, if satisfied that the proposed arrangement is in the public interest, authorize it and specify any terms and conditions relating to the public interest and competition that the Minister considers appropriate. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.74
Canadian 53.74 An authorization given by the Minister under subsection 53.73(8) does not affect any requirement that a transportation undertaking providing air services, as defined in subsection 55(1), be Canadian , as defined in that subsection. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.75
Varying or rescinding terms and conditions 53.75 On application by any party who is subject to terms and conditions of an authorization, the Minister may, after consulting with the Commissioner of Competition, vary or rescind the terms and conditions and shall make public a summary of that decision that does not include any confidential information. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.76
Proposed amendment to arrangement 53.76 (1) The parties to an authorized arrangement may propose an amendment to that arrangement to the Minister and he or she may, after consulting with the Commissioner of Competition and considering the significance of the amendment, (a) authorize the amendment, subject to any terms and conditions that the Minister may impose; or (b) require the parties to submit a new notice under subsection 53.71(1) for review of the proposed amended arrangement, unless the parties decide not to proceed with the amendment. No confidential information made public (2) If the Minister authorizes the amendment under paragraph (1)(a), he or she shall make public a summary of that decision that does not include any confidential information. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.77
Concerns regarding authorized arrangement 53.77 (1) The Minister may, at any time after the second anniversary of the day on which an arrangement is authorized, notify the parties of any concerns raised by the arrangement with respect to the public interest and competition. Measures to address concerns (2) The parties shall, within 45 days after the day on which they receive the notice under subsection (1), provide a response in writing to the Minister, specifying, among other things, any measures they are prepared to undertake to address those concerns. The parties may propose amendments to the arrangement. Continuing the authorization (3) If, after consulting with the Commissioner, the Minister determines that the arrangement is still in the public interest, the authorization is continued subject to any new or amended terms and conditions specified by the Minister to address the concerns referred to in subsection (1). 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.78
Obligation to comply with terms and conditions 53.78 Every person who is subject to terms and conditions under subsection 53.73(8), section 53.75, paragraph 53.76(a) or subsection 53.77(3) shall comply with them. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.79
Revoking authorization — false or misleading information 53.79 (1) The Minister may revoke an authorization at any time if it was granted on the basis of information that is false or misleading in a material respect or if the parties fail to comply with any of the authorization’s terms or conditions. Revoking authorization — other grounds (2) The Minister may also revoke the authorization of an arrangement if (a) that arrangement is significantly amended without prior authorization; or (b) the Minister, after considering any response of the parties to the concerns raised under subsection 53.77(1), is no longer satisfied that the arrangement is in the public interest. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.8
Withdrawing notice 53.8 (1) A notice given under subsection 53.71(1) may be withdrawn at any time before a final decision is rendered under subsection 53.73(8). Deemed withdrawal (2) A notice is deemed to have been withdrawn if the parties fail to respond to the Minister within any period specified in subsection 53.73(5) or (7) or any extended period, as the case may be. Effect of withdrawal (3) If a notice given under subsection 53.71(1) is withdrawn or is deemed to have been withdrawn, section 53.72 no longer applies to the proposed arrangement. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.81
Extension of time 53.81 The Minister may, at the request of the parties or on the Minister’s own initiative, extend any period specified in section 53.71, 53.73 or 53.77 if the Minister considers it appropriate in the circumstances, including when the arrangement is exceptionally complex. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.82
Order 53.82 If a person contravenes sections 53.72 or 53.78, a superior court may, on application by the Minister, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Minister shall notify the Commissioner of Competition before making an application. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.83
Offence — section 53.72 or 53.78 53.83 (1) Every person who contravenes section 53.72 or 53.78 is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years or to a fine of not more than $10,000,000, or to both. Continuing offence (2) If an offence under subsection (1) for the contravention of section 53.78 is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued. Officers, etc., of corporations (3) If a corporation commits an offence under subsection (1), any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Sections 174 and 175 do not apply (4) Sections 174 and 175 do not apply in respect of an offence committed under subsection (1). 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 53.84
Cost recovery 53.84 (1) The Governor in Council may make regulations respecting (a) the fees to be paid by the parties to an arrangement for any activities undertaken by the Minister under sections 53.71 to 53.76 that are related to the arrangement, including the method of calculating the fees; and (b) the refund of all or part of any fee referred to in paragraph (a), including the method of calculating the refund. Amounts not to exceed cost (2) The fees referred to in paragraph (1)(a) shall not exceed the costs related to the activities undertaken by the Minister under sections 53.71 to 53.76 that are related to the arrangement. Remittance of fees and charges (3) The fees paid in accordance with regulations made under subsection (1) shall be deposited to the credit of the Receiver General in the time and manner prescribed under those regulations. Spending authority (4) The Minister may spend the amounts deposited under subsection (3) in the fiscal year in which they are paid or in the next fiscal year. 2018, c. 10, s. 14
Canada Transportation Act — C-10.4 54
Appointment of receiver not to bar jurisdiction 54 (1) The fact that a receiver, manager or other official of a carrier, or a receiver of the property of a carrier, has been appointed by a court in Canada, or is managing or operating a mode of transportation under the authority of any such court, is not a bar to the exercise of any jurisdiction granted under this Act, but every such receiver, manager or official is bound to manage and operate the mode of transportation in accordance with this Act and with the orders, regulations and directions made or issued under this Act, notwithstanding the fact that the receiver, manager, official or person has been appointed by or acts under the authority of a court. Adaptation orders (2) Wherever by reason of insolvency, sale under mortgage or any other cause, a transportation undertaking or a portion of a transportation undertaking is operated, managed or held otherwise than by the carrier, the Agency or the Minister may make any order it considers proper for adapting and applying the provisions of this Act.
Canada Transportation Act — C-10.4 55
ship if both are controlled by the same person; (e) a corporation is a subsidiary of another corporation if it is controlled by that other corporation or by a subsidiary of that other corporation; (f) a corporation is controlled by a person other than Her Majesty in right of Canada or a province if (i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation; (g) a corporation is controlled by Her Majesty in right of Canada or a province if (i) the corporation is controlled by Her Majesty in the manner described in paragraph (f), or (ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by (A) the Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, or (B) a Minister of the government of Canada or the province, as the case may be; and (h) a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than 50% of the profits of the partnership or more than 50% of its assets on dissolution. Definition of person (3) In subsection (2), person includes an individual, a partnership, an association, a corporation, a trustee, an executor, a liquidator of a succession, an administrator or a legal representative. Control in fact (4) For greater certainty, nothing in subsection (2) shall be construed to affect the meaning of the expression “controlled in fact” in the definition Canadian in subsection (1). 1996, c. 10, s. 55; 2000, c. 15, s. 1; 2001, c. 27, s. 222; 2018, c. 10, s. 15
Canada Transportation Act — C-10.4
aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act ; ( aéronef )
Canada Transportation Act — C-10.4
air service means a service, provided by means of an aircraft, that is publicly available for the transportation of passengers or goods, or both; ( service aérien )
Canada Transportation Act — C-10.4 (a)
basic fare means (a) the fare in the tariff of the holder of a domestic licence that has no restrictions and represents the lowest amount to be paid for one-way air transportation of an adult with reasonable baggage between two points in Canada, or (b) where the licensee has more than one such fare between two points in Canada and the amount of any of those fares is dependent on the time of day or day of the week of travel, or both, the highest of those fares; ( prix de base )
Canada Transportation Act — C-10.4 (a)
Canadian means (a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , (b) a government in Canada or an agent or mandatary of such a government, or (c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 51% of the voting interests are owned and controlled by Canadians and where (i) no more than 25% of the voting interests are owned directly or indirectly by any single non-Canadian, either individually or in affiliation with another person, and (ii) no more than 25% of the voting interests are owned directly or indirectly by one or more non-Canadians authorized to provide an air service in any jurisdiction, either individually or in affiliation with another person; ( Canadien )
Canada Transportation Act — C-10.4
Canadian aviation document has the same meaning as in subsection 3(1) of the Aeronautics Act ; ( document d’aviation canadien )
Canada Transportation Act — C-10.4
domestic licence means a licence issued under section 61; ( Version anglaise seulement )
Canada Transportation Act — C-10.4
domestic service means an air service between points in Canada, from and to the same point in Canada or between Canada and a point outside Canada that is not in the territory of another country; ( service intérieur )
Canada Transportation Act — C-10.4
international service means an air service between Canada and a point in the territory of another country; ( service international )
Canada Transportation Act — C-10.4
licensee means the holder of a licence issued by the Agency under this Part; ( licencié )
Canada Transportation Act — C-10.4
non-scheduled international licence means a licence issued under subsection 73(1); ( Version anglaise seulement )
Canada Transportation Act — C-10.4
non-scheduled international service means an international service other than a scheduled international service; ( service international à la demande )
Canada Transportation Act — C-10.4
prescribed means prescribed by regulations made under section 86; ( règlement )
Canada Transportation Act — C-10.4
scheduled international licence means a licence issued under subsection 69(1); ( Version anglaise seulement )
Canada Transportation Act — C-10.4 (a)
scheduled international service means an international service that is a scheduled service pursuant to (a) an agreement or arrangement for the provision of that service to which Canada is a party, or (b) a determination made under section 70; ( service international régulier )
Canada Transportation Act — C-10.4
tariff means a schedule of fares, rates, charges and terms and conditions of carriage applicable to the provision of an air service and other incidental services. ( tarif )
Canada Transportation Act — C-10.4 56
Non-application of Part 56 (1) This Part does not apply to a person that uses an aircraft on behalf of the Canadian Armed Forces or any other armed forces cooperating with the Canadian Armed Forces. Specialty service exclusion (2) This Part does not apply to the operation of specialty services provided by aircraft, including firefighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, airborne agricultural, industrial and inspection services or any other prescribed service provided by aircraft. Emergency service exclusion (3) This Part does not apply to the provision of an air service if the federal government or a provincial or a municipal government declares an emergency under federal or provincial law, and that government directly or indirectly requests that the air service be provided to respond to the emergency. Public interest (4) The Minister may, by order, prohibit the provision of an air service under subsection (3) or require the discontinuance of that air service if, in the opinion of the Minister, it is in the public interest to do so. Not a statutory instrument (5) The order is not a statutory instrument within the meaning of the Statutory Instruments Act . 1996, c. 10, s. 56; 2007, c. 19, s. 14; 2018, c. 10, s. 16
Canada Transportation Act — C-10.4 57
Prohibition re operation 57 No person shall operate an air service unless, in respect of that service, the person (a) holds a licence issued under this Part; (b) holds a Canadian aviation document; and (c) has the prescribed liability insurance coverage.
Canada Transportation Act — C-10.4 58
Licence not transferable 58 A licence issued under this Part for the operation of an air service is not transferable.
Canada Transportation Act — C-10.4 59
Prohibition re sale 59 No person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under this Part, a person holds a licence issued under this Part in respect of that service and that licence is not suspended. 1996, c. 10, s. 59; 2007, c. 19, s. 16
Canada Transportation Act — C-10.4 60
Provision of aircraft with flight crew 60 (1) No person shall 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 no licensee shall provide an air service using all or part of an aircraft, with a flight crew, provided by another person except (a) in accordance with regulations made by the Agency respecting disclosure of the identity of the operator of the aircraft and other related matters; and (b) where prescribed, with the approval of the Agency. Conditions and Ministerial directions (2) Approval by the Agency under subsection (1) is subject to any directions to the Agency issued by the Minister and to any terms and conditions that the Agency may specify in the approval, including terms and conditions respecting routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and, subject to the Canada Post Corporation Act , carriage of goods.