. /.WORLD TRADE
ORGANIZATIONG/TBT/N/CAN/48
24 October 2002
(02-5838)
Committee on Technical Barriers to Trade Original:  English/
                 French
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   CANADA
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:   Department of Transport
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of  agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:   Canadian Enquiry
Point, 200-270 Albert Street, Ottawa, Ontario, Canada, K1P 6N7 Tel.:  +1 613 238 3222,
Fax.: +1 613 569 7808, E-mail: info@scc.ca
3. Notified under Article 2.9.2 [ X], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [    ], other:           
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Canadian foreign air
operator certificate (ICS: 03.220.50)
5. Title, number of pages and language(s) of the notified document:   Proposed Amendment
to the Canadian Aviation Regulations (Part VII)  (English and French, pages 3040-3043)
6. Description of content:   The proposed Regulations Amending the Canadian Aviation
Regulations  (Part VII ) will introduce a new section 700.09 Code-share Agreements  into the
Canadian Aviation Regulations (CARs).
In the CARs, the operator of a commercial air transport service, such as an airline for
example, is called an air operator. Any air operator, whether domestic or foreign, operating
a commercial air service in Canadian airspace is required to have a Canadian aviation
document, either an air operator certificate (AOC) in the case of a domestic air operator, or
a Canadian foreign air operator certificate (CFAOC) in the case of  a foreign air operator.  Ifa segment of the service offered jointly by code-share partners does not enter Canadian air
space, there is, at present, no requirement for the foreign partner operating the flight on that
segment to hold any Canadian aviation document and, thus, the foreign operator is not
required to comply with the CARs, although they must obey the regulations of their own
governing authority.
The proposed new section will require a foreign air operator, with whom a Canadian air
operator has entered into a code-share agreement, to hold a Canadian foreign air operator
certificate, even if the flights on the segments operated by the foreign air operator do not
enter Canadian airspace.
7. Objective and rationale, including the na ture of urgent problems where applicable:
Protection of human safety.G/TBT/N/CAN/48
Page 2
8. Relevant documents:   Canada Gazette, Part I, 5 October 2002
9. Proposed date of adoption:
Proposed date of entry into force: }Not stated
10. Final date for comments:   19 December 2002
11. Texts available from:  National enquiry point [ X] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:  The electronic
version of the regulatory text can be downloaded at:
http://canada.gc.ca/gazette/part1/pdf/g1-13640.pdf