Air Services Charges Regulations (SOR/85-414)

Charge for Emergency Response Services (ERS) Outside Normal Operating Hours for ERS

• 17 (1) Subject to subsections (2), (2.1) and (4), where emergency response services (ERS) are provided at an airport outside normal operating hours for ERS, the charge for providing the ERS, for each landing or take-off made at that airport outside normal operating hours by an aircraft of a weight within the range set out in column I of an item of Schedule VII, is the charge set out in column II, III or IV of that item, as applicable, calculated for the number of hours between the end of normal operating hours for ERS and the time of the landing or take-off, or the number of hours between the time of the landing or take-off and the beginning of normal operating hours for ERS, whichever is the lesser.

• (2) Where an aircraft lands at or takes off from an airport during other than normal operating hours for ERS at that airport and subsequently takes off from or lands, whichever is applicable, at the same airport before commencement of the next period of normal operating hours for ERS at that airport, only the greater of the ERS charges for the landing and the ERS charges for the take-off, as determined under subsection (1), are payable.

• (2.1) Where an aircraft is used for a session of flying training at an airport for the purpose described in subsection 9(1), wholly or partially during other than normal operating hours for ERS at that airport, the ERS charges payable for the session are the greater of the applicable charges, as determined under subsection (1), for the first take-off or the first landing of the session, as the case may be, and the last landing or the last take-off, as the case may be.

• (3) For the purposes of subsections (1) to (2.1), the normal operating hours for ERS are as set out in the Canada Flight Supplement.

• (4) [Repealed, SOR/2001-176, s. 7]

• (5) [Repealed, SOR/97-258, s. 8]

• (6) In subsection (3), Canada Flight Supplement means an aeronautical information publication published under the authority of the Minister of Transport for the purposes of supplementing en route charts and the Canada Air Pilot.

Payment of Charges

• 18 (1) Subject to subsection (2), all charges, except those that are payable in advance, become due and payable

  • (a) where an invoice is issued in respect of the charges, on the day on which the invoice is issued; or

  • (b) where no invoice is issued in respect of the charges, on the day on which the services to which the charges relate are received.

• (2) When payment in full has not been received by the due date established pursuant to subsection (1), interest shall be charged

  • (a) where an invoice has been issued, commencing on the thirtieth day after the day on which the invoice was issued; or

  • (b) where no invoice has been issued, commencing on the first day of the second month after the month in which the services were received.

• (3) The interest referred to in subsection (2) shall be calculated monthly on the outstanding amount, which amount shall consist of the amount of principal owing plus any accrued interest.

• (4) Where a payment is made, the period for which interest is charged in respect of the amount of the payment shall end on the day before the day on which the payment is received by the Minister.

• (5) The rate of interest shall be adjusted monthly and shall be three per cent plus the bank rate in effect at the close of business on the last business day of the previous month.

• (6) For the purposes of subsection (5), bank rate means the rate of interest established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short-term advances to members of the Canadian Payments Association.