Canada Transportation Act (S.C. 1996, c. 10)

Marginal note: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.

• Marginal note: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.

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

Issuance of International Charter Permits

Marginal note: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).

Ministerial Directions for International Service

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Duties and Powers of Agency

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Exemption

• 80 (1) The Agency may, by order, on such terms and conditions as it deems appropriate, exempt a person from the application of any of the provisions of this Part or of a regulation or order made under this Part where the Agency is of the opinion that

  • (a) the person has substantially complied with the provision;

  • (b) an action taken by the person is as effective as actual compliance with the provision; or

  • (c) compliance with the provision by the person is unnecessary, undesirable or impractical.

• Marginal note:Exemption not to provide certain relief

  (2) No exemption shall be granted under subsection (1) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service.

• Marginal note:Exemption not to provide certain relief — section 69

  (3) No exemption shall be granted under subsection (1) that has the effect of relieving a person from the provisions of section 69 that require, in order to be eligible to hold a scheduled international licence,

  • (a) a Canadian to be designated by the Minister to hold such a licence; or

  • (b) a non-Canadian to be 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.

Marginal note:Inquiry into licensing matters

81 For the purposes of ensuring compliance with this Part, the Agency may inquire into any matter for which a licence, permit or other document is required under this Part.

Marginal note:Licensee to provide notification

82 Every licensee shall notify the Agency without delay, in writing, if

• (a) the liability insurance coverage in respect of the air service for which the licence is issued is cancelled or is altered in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service;

• (b) the licensee’s operations change in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service; or

• (c) any change occurs that affects, or is likely to affect, the licensee’s status as a Canadian.

Marginal note:Disclosure of information required

83 A licensee shall, at the request of the Agency, provide the Agency with information or documents available to the licensee that relate to any complaint under review or any investigation being conducted by the Agency under this Part.

Marginal note:Notification of agent required

• 84 (1) A licensee who has an agent in Canada shall, in writing, provide the Agency with the agent’s name and address.

• Marginal note:Appointment and notice of agent

  (2) A licensee who does not have a place of business or an agent in Canada shall appoint an agent who has a place of business in Canada and, in writing, provide the Agency with the agent’s name and address.

Marginal note:Notice of change of address

85 Where the address of a licensee’s principal place of business in Canada or the name or address of the licensee’s agent in Canada is changed, the licensee shall notify the Agency in writing of the change without delay.

Air Travel Complaints

Marginal note:Review and mediation

• 85.1 (1) If a person has made a complaint under any provision of this Part, the Agency, or a person authorized to act on the Agency’s behalf, shall review and may attempt to resolve the complaint and may, if appropriate, mediate or arrange for mediation of the complaint.

• Marginal note:Report

  (2) The Agency or a person authorized to act on the Agency’s behalf shall report to the parties outlining their positions regarding the complaint and any resolution of the complaint.

• Marginal note:Complaint not resolved

  (3) If the complaint is not resolved under this section to the complainant’s satisfaction, the complainant may request the Agency to deal with the complaint in accordance with the provisions of this Part under which the complaint has been made.

• Marginal note:Further proceedings

  (4) A member of the Agency or any person authorized to act on the Agency’s behalf who has been involved in attempting to resolve or mediate the complaint under this section may not act in any further proceedings before the Agency in respect of the complaint.

• Marginal note:Extension of time

  (5) The period of 120 days referred to in subsection 29(1) shall be extended by the period taken by the Agency or any person authorized to act on the Agency’s behalf to review and attempt to resolve or mediate the complaint under this section.

• Marginal note:Part of annual report

  (6) The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under this Part, the names of the carriers against whom the complaints were made, the manner complaints were dealt with and the systemic trends observed.

Regulations

Marginal note:Regulations

• 86 (1) The Agency may make regulations

  • (a) classifying air services;

  • (b) classifying aircraft;

  • (c) prescribing liability insurance coverage requirements for air services or aircraft;

  • (d) prescribing financial requirements for each class of air service or aircraft;

  • (e) respecting the issuance, amendment and cancellation of permits for the operation of international charters;

  • (f) respecting the duration and renewal of licences;

  • (g) respecting the amendment of licences;

  • (h) respecting traffic and tariffs, fares, rates, charges and terms and conditions of carriage for international service, including

    • (i) providing for the disallowance or suspension by the Agency of any tariff, fare, rate or charge,

    • (ii) providing for the establishment and substitution by the Agency of any tariff, fare, rate or charge disallowed by the Agency,

    • (iii) authorizing the Agency to direct a licensee or carrier to take the corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage that are applicable to the service it offers and that were set out in its tariffs, if the Agency receives a written complaint and, if the complaint is related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1), it is filed by the person adversely affected,

    • (iii.1) authorizing the Agency to make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s 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), to the extent that it considers appropriate, and

    • (iv) requiring a licensee or carrier to display the terms and conditions of carriage for its international service on its Internet site, if the site is used for selling the international service of the licensee or carrier;

  • (i) requiring licensees to file with the Agency any documents and information relating to activities under their licences that are necessary for the purposes of enabling the Agency to exercise its powers and perform its duties and functions under this Part and respecting the manner in which and the times at which the documents and information are to be filed;

  • (j) requiring licensees to include in contracts or arrangements with travel wholesalers, tour operators, charterers or other persons associated with the provision of air services to the public, or to make those contracts and arrangements subject to, terms and conditions specified or referred to in the regulations;

  • (k) defining words and expressions for the purposes of this Part;

  • (l) excluding a person from any of the requirements of this Part;

  • (m) prescribing any matter or thing that by this Part is to be prescribed; and

  • (n) generally for carrying out the purposes and provisions of this Part.

• Marginal note:Exclusion not to provide certain relief

  (2) No regulation shall be made under paragraph (1)(l) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service.

• (3) [Repealed, 2007, c. 19, s. 26]