GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 61
Issue of licence 61 On application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a domestic service to the applicant if (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant (i) is a Canadian, (ii) holds a Canadian aviation document in respect of the service to be provided under the licence, (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and (iv) meets prescribed financial requirements; and (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of a domestic service within the preceding twelve months.
Canada Transportation Act — C-10.4 62
Qualification exemption 62 (1) Where the Minister considers it necessary or advisable in the public interest that a domestic licence be issued to a person who is not a Canadian, the Minister may, by order, on such terms and conditions as may be specified in the order, exempt the person from the application of subparagraph 61(a)(i) for the duration of the order. Statutory Instruments Act (2) The order is not a regulation for the purposes of the Statutory Instruments Act . Publication (3) The Minister must, as soon as feasible, make the name of the person who is exempted and the exemption’s duration accessible to the public through the Internet or by any other means that the Minister considers appropriate. 1996, c. 10, s. 62; 2013, c. 31, s. 5
Canada Transportation Act — C-10.4 63
Mandatory suspension or cancellation 63 (1) The Agency shall suspend or cancel the domestic licence of a person where the Agency determines that, in respect of the service for which the licence was issued, the person ceases to meet any of the requirements of subparagraphs 61(a)(i) to (iii). Discretionary suspension or cancellation (2) The Agency may suspend or cancel a domestic licence (a) where the Agency determines that, in respect of the service for which the domestic licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than subparagraphs 61(a)(i) to (iii); or (b) subject to section 64, in accordance with a request from the licensee for the suspension or cancellation. Reinstatement condition (3) The Agency shall not reinstate a domestic licence that has been suspended for sixty days or longer unless the licensee establishes to the satisfaction of the Agency that the person meets the prescribed financial requirements.
Canada Transportation Act — C-10.4 64
Notice of discontinuance or reduction of certain services 64 (1) Where a licensee proposes to discontinue a domestic service or to reduce the frequency of such a service to a point to less than one flight per week and, 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, the licensee shall give notice of the proposal in prescribed form and manner to such persons as are prescribed. Notice of discontinuance of certain services (1.1) If a licensee proposes to discontinue its year-round non-stop scheduled air service between two points in Canada and that 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, the licensee shall give notice of the proposal in the prescribed form and manner to the prescribed persons. Discussion with elected officials (1.2) A licensee shall, as soon as practicable, provide an opportunity for elected officials of the municipal or local government of the community of the point or points, as the case may be, to meet and discuss with the licensee the impact of the proposed discontinuance or reduction. Notice period (2) A licensee shall not implement a proposal referred to in subsection (1) or (1.1) until the expiry of 120 days, or 30 days if the service referred to in that subsection has been in operation for less than one year, after the notice is given or until the expiry of any shorter period that the Agency may, on application by the licensee, specify by order. Considerations re whether exemption to be granted (3) In considering whether to specify a shorter period under subsection (2), the Agency shall have regard to (a) the adequacy of alternative modes of public transportation available at or in the vicinity of the point referred to in subsection (1) or between the points referred to in subsection (1.1); (b) other means by which air service to the point or between the points is or is likely to be provided; (c) whether the licensee has complied with subsection (1.2); and (d) the particular circumstances of the licensee. Definition of non-stop scheduled air service (4) In this section, non-stop scheduled air service means an air service operated between two points without any stops in accordance with a published timetable or on a regular basis. 1996, c. 10, s. 64; 2000, c. 15, s. 3; 2007, c. 19, s. 17
Canada Transportation Act — C-10.4 65
Complaints re non-compliance 65 Where, on complaint in writing to the Agency by any person, the Agency finds that a licensee has failed to comply with section 64 and that it is practicable in the circumstances for the licensee to comply with an order under this section, the Agency may, by order, direct the licensee to reinstate the service referred to in that section (a) for such a period, not exceeding 120 days after the date of the finding by the Agency, as the Agency deems appropriate; and (b) at such a frequency as the Agency may specify. 1996, c. 10, s. 65; 2007, c. 19, s. 18
Canada Transportation Act — C-10.4 66
b) or subsection (2), the Agency shall consider any representations that the licensee has made with respect to what is reasonable in the circumstances. (6) and (7) [Repealed, 2007, c. 19, s. 19] Confidentiality of information (8) The Agency may take any measures or make any order that it considers necessary to protect the confidentiality of any of the following information that it is considering in the course of any proceedings under this section: (a) information that constitutes a trade secret; (b) information the disclosure of which would likely cause material financial loss to, or prejudice to the competitive position of, the person providing the information or on whose behalf it is provided; and (c) information the disclosure of which would likely interfere with contractual or other negotiations being conducted by the person providing the information or on whose behalf it is provided. 1996, c. 10, s. 66; 2000, c. 15, s. 4; 2007, c. 19, s. 19
Canada Transportation Act — C-10.4 67
Tariffs to be made public 67 (1) The holder of a domestic licence shall (a) display in a prominent place at the business offices of the licensee a sign indicating that the tariffs for the domestic service offered by the licensee, including the terms and conditions of carriage, are available for public inspection at the business offices of the licensee, and allow the public to make such inspections; (a.1) publish the terms and conditions of carriage on any Internet site used by the licensee for selling the domestic service offered by the licensee; (b) in its tariffs, specifically identify the basic fare between all points for which a domestic service is offered by the licensee; and (c) retain a record of its tariffs, and publish them on its Internet site, for a period of not less than three years after the tariffs have ceased to have effect. Prescribed tariff information to be included (2) A tariff referred to in subsection (1) shall include such information as may be prescribed. No fares, etc., unless set out in tariff (3) The holder of a domestic licence shall not apply any fare, rate, charge or term or condition of carriage applicable to the domestic service it offers unless the fare, rate, charge, term or condition is set out in a tariff that has been published or displayed under subsection (1) and is in effect. Copy of tariff on payment of fee (4) The holder of a domestic licence shall provide a copy or excerpt of its tariffs to any person on request and on payment of a fee not exceeding the cost of making the copy or excerpt. 1996, c. 10, s. 67; 2000, c. 15, s. 5; 2007, c. 19, s. 20 2023, c. 26, s. 453
Canada Transportation Act — C-10.4 67.2
Unreasonable or unduly discriminatory terms or conditions 67.2 (1) If the Agency finds that the holder of a domestic licence has applied terms or conditions of carriage applicable to the domestic service it offers that are unreasonable or unduly discriminatory, the Agency may suspend or disallow those terms or conditions and substitute other terms or conditions in their place. Prohibition on advertising (2) The holder of a domestic licence shall not advertise or apply any term or condition of carriage that is suspended or has been disallowed. 2000, c. 15, s. 6; 2007, c. 19, s. 22(F) 2023, c. 26, s. 455
Canada Transportation Act — C-10.4 67.4
Applying decision to other passengers 67.4 The Agency may, to the extent that it considers it appropriate, make applicable to some or to all passengers of the same flight as the complainant all or part of its decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b). 2018, c. 10, s. 17
Canada Transportation Act — C-10.4 68
Non-application of fares, etc. 68 (1) Sections 66 to 67.2, 85.04 and 85.07 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential. Non-application of terms and conditions (1.1) Sections 66 to 67.2, 85.04 and 85.07 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees. Provisions regarding exclusive use of services (2) The parties to the contract shall not include in it provisions with respect to the exclusive use by the other person of a domestic service operated by the holder of the domestic licence between two points in accordance with a published timetable or on a regular basis, unless the contract is for all or a significant portion of the capacity of a flight or a series of flights. Retention of contract required (3) The holder of a domestic licence who is a party to the contract shall retain a copy of it for a period of not less than three years after it has ceased to have effect and, on request made within that period, shall provide a copy of it to the Agency. 1996, c. 10, s. 68; 2000, c. 15, s. 7; 2007, c. 19, s. 23 2023, c. 26, s. 458
Canada Transportation Act — C-10.4 69
Issue of licence 69 (1) On application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a scheduled international service to the applicant if (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant (i) is, pursuant to subsection (2) or (3), eligible to hold the licence, (ii) holds a Canadian aviation document in respect of the service to be provided under the licence, (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and (iv) where the applicant is a Canadian, meets the prescribed financial requirements; and (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months. Eligibility of Canadians (2) The Minister may, in writing, designate any Canadian as eligible to hold a scheduled international licence. That Canadian remains eligible while the designation remains in force. Eligibility of non-Canadians (3) A non-Canadian is eligible to hold a scheduled international licence if the non-Canadian (a) has been designated by a foreign government or an agent of a foreign government to operate an air service under the terms of an agreement or arrangement between that government and the Government of Canada; and (b) holds, in respect of the air service, a document issued by a foreign government or agent that, in respect of the service to be provided under the document, is equivalent to a scheduled international licence. 1996, c. 10, s. 69; 2013, c. 31, s. 6
Canada Transportation Act — C-10.4 70
Determination of scheduled international service 70 The Minister may, in writing to the Agency, (a) determine that an international service is a scheduled international service; or (b) withdraw a determination made under paragraph (a).
Canada Transportation Act — C-10.4 71
Terms and conditions of scheduled international licence 71 (1) Subject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems to be consistent with the agreement, convention or arrangement pursuant to which the licence is being issued, 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. Compliance with terms and conditions (2) The holder of a scheduled international licence shall comply with every term and condition to which the licence is subject.
Canada Transportation Act — C-10.4 72
Mandatory suspension or cancellation 72 (1) The Agency shall suspend or cancel a scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of subparagraphs 69(1)(a)(i) to (iii). Discretionary suspension or cancellation (2) The Agency may suspend or cancel a scheduled international licence (a) where the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than subparagraphs 69(1)(a)(i) to (iii); or (b) in accordance with a request from the licensee for the suspension or cancellation. Reinstatement condition (3) The Agency shall not reinstate the scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.
Canada Transportation Act — C-10.4 73
Issue of licence 73 (1) Subject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency shall issue a licence to operate a non-scheduled international service to the applicant if (a) the applicant establishes in the application to the satisfaction of the Agency that the applicant (i) is a Canadian, (ii) holds a Canadian aviation document in respect of the service to be provided under the licence, (iii) has the prescribed liability insurance coverage in respect of the service to be provided under the licence, and (iv) meets prescribed financial requirements; and (b) the Agency is satisfied that the applicant has not contravened section 59 in respect of the service to be provided under the licence within the preceding twelve months. Non-Canadian applicant (2) Subject to any directions issued to the Agency under section 76, on application to the Agency and on payment of the specified fee, the Agency may issue a non-scheduled international licence to a non-Canadian applicant if the applicant establishes in the application to the satisfaction of the Agency that the applicant (a) holds a document issued by the government of the applicant’s state or an agent of that government that, in respect of the service to be provided under the document, is equivalent to the non-scheduled international licence for which the application is being made; and (b) meets the requirements of subparagraphs (1)(a)(ii) and (iii) and paragraph (1)(b).
Canada Transportation Act — C-10.4 74
Terms and conditions of non-scheduled international licence 74 (1) Subject to any directions issued to the Agency under section 76, the Agency may, on the issuance of a non-scheduled international licence or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Agency deems appropriate, including terms and conditions respecting 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. Compliance with terms and conditions (2) The holder of a non-scheduled international licence shall comply with every term and condition to which the licence is subject.
Canada Transportation Act — C-10.4 75
Mandatory suspension or cancellation 75 (1) The Agency shall suspend or cancel a non-scheduled international licence where the Agency determines that, in respect of the service for which the licence was issued, the licensee ceases to meet any of the requirements of (a) in respect of a Canadian licensee, subparagraphs 73(1)(a)(i) to (iii); and (b) in respect of a non-Canadian licensee, subparagraphs 73(1)(a)(ii) and (iii) and paragraph 73(2)(a). Discretionary suspension or cancellation (2) The Agency may suspend or cancel a non-scheduled international licence (a) where the Agency determines that, in respect of the service for which the licence was issued, the licensee has contravened, or does not meet the requirements of, any regulation or order made under this Part or any provision of this Part other than the provisions referred to in paragraphs (1)(a) and (b); or (b) in accordance with a request from the licensee for the suspension or cancellation. Reinstatement condition (3) The Agency shall not reinstate the non-scheduled international licence of a Canadian that has been suspended for sixty days or longer unless the Canadian establishes to the satisfaction of the Agency that the Canadian meets the prescribed financial requirements.
Canada Transportation Act — C-10.4 75.1
Issuance, amendment and cancellation of permits 75.1 The issuance of a permit for the operation of an international charter to a licensee and the amendment or cancellation of the permit shall be made in accordance with regulations made under paragraph 86(1)(e). 2007, c. 19, s. 24
Canada Transportation Act — C-10.4 76
Minister may issue directions 76 (1) Where the Minister determines that it is necessary or advisable to provide direction to the Agency in respect of the exercise of any of its powers or the performance of any of its duties or functions under this Part relating to international service, (a) in the interest of the safety or security of international civil aviation, (b) in connection with the implementation or administration of an international agreement, convention or arrangement respecting civil aviation to which Canada is a party, (c) in the interest of international comity or reciprocity, (d) for the purpose of enforcing Canada’s rights under an international agreement, convention or arrangement respecting civil aviation or responding to acts, policies or practices by a contracting party to any such agreement, convention or arrangement, or by an agency or citizen of such a party, that adversely affect or lead either directly or indirectly to adverse effects on Canadian international civil aviation services, or (e) in connection with any other matter concerning international civil aviation as it affects the public interest, the Minister may, subject to subsection (3), issue to the Agency directions that, notwithstanding any other provision of this Part, are binding on, and shall be complied with by, the Agency in the exercise of its powers or the performance of its duties or functions under this Part relating to international service. Nature of directions (2) Directions issued under subsection (1) may relate to (a) persons or classes of persons to whom licences to operate an international service shall or shall not be issued; (b) the terms and conditions of such licences, or their variation; (c) the suspension or cancellation of such licences; and (d) any other matter concerning international service that is not governed by or under the Aeronautics Act . Concurrence required for certain directions (3) A direction by the Minister relating to a matter referred to in paragraph (1)(c), (d) or (e) may be issued only with the concurrence of the Minister of Foreign Affairs.
Canada Transportation Act — C-10.4 77
Duties and functions of Agency under international agreements, etc. 77 Where the Agency is identified as the aeronautical authority for Canada under an international agreement, convention or arrangement respecting civil aviation to which Canada is a party, or is directed by the Minister to perform any duty or function of the Minister pursuant to any such agreement, convention or arrangement, the Agency shall act as the aeronautical authority for Canada or perform the duty or function in accordance with the agreement, convention, arrangement or direction, as the case may be.
Canada Transportation Act — C-10.4 78
Agency powers qualified by certain agreements, etc. 78 (1) Subject to any directions issued to the Agency under section 76, the powers conferred on the Agency by this Part shall be exercised in accordance with any international agreement, convention or arrangement relating to civil aviation to which Canada is a party. Variations from agreements, etc. (2) Notwithstanding subsection (1) and subject to any directions issued to the Agency under section 76, the Agency may issue a licence or suspend a licence, or vary the terms and conditions of a licence, on a temporary basis for international air services that are not permitted in an agreement, convention or arrangement relating to civil aviation to which Canada is a party.
Canada Transportation Act — C-10.4 79
Agency may refuse licence — individuals 79 (1) Where the Agency has suspended or cancelled the licence of an individual under this Part or where an individual has contravened section 59, the Agency may, for a period not exceeding twelve months after the date of the suspension, cancellation or contravention, refuse to issue a licence in respect of an air service to the individual or to any corporation of which the individual is a principal. Agency may refuse licence — corporations (2) Where the Agency has suspended or cancelled the licence of a corporation under this Part or where a corporation has contravened section 59, the Agency may, for a period not exceeding twelve months after the date of the suspension, cancellation or contravention, refuse to issue a licence in respect of an air service to (a) the corporation; (b) any person who, as a principal of the corporation, directed, authorized, assented to, acquiesced in or participated in a contravention that gave rise to the suspension or cancellation; and (c) any body corporate of which the corporation or the person referred to in paragraph (b) is a principal.