Air Transportation Regulations

41 (1) Except as provided in subsection (3), an amendment to an ABC/ITC in respect of the proposed allocation of seats to ABC and ITC transportation on the outbound portion thereof, where there is at least one charterer and one tour operator who is not that charterer, shall be

• (a) subject to paragraph 37.3(b); and

• (b) where a program permit for the ABC/ITC has been issued by the Agency, submitted to the Agency, together with a copy of the executed charter contracts amended accordingly.

(1.1) The charterer and tour operator shall ensure that an amendment and copies of the amended charter contracts in respect of an ABC/ITC for which a program permit has been issued by the Agency are received by the Secretary not less than five days prior to the earliest prebooking deadline applicable to the sale of transportation on that ABC/ITC as authorized by the Agency.

(2) The Agency shall not disallow an amendment in respect of an ABC/ITC referred to in subsection (1.1) where it is received by the Secretary together with the copies of the amended charter contracts within the time limit set out in that subsection.

(3) An amendment to an ABC/ITC in respect of the proposed allocation of seats to ABC and ITC transportation on the outbound portion thereof, where the charterer and tour operator are the same person, shall be

• (a) subject to paragraph 37.3(b); and

• (b) where a program permit has been issued for the ABC/ITC, communicated to the Agency by letter or electronic message, at least five days prior to the earliest prebooking deadline applicable to the sale of transportation on that ABC/ITC as authorized by the Agency.

(4) An air carrier that holds a valid ABC/ITC program permit may

• (a) modify the ABC/ITC program approved by that permit, on submitting to the Agency a letter or electronic message advising of changes, with respect to

  • (i) the type of aircraft used,

  • (ii) the seating capacity, or

  • (iii) the dates of the flights, where each flight will be operated not more than three days prior to or three days after the date originally approved therefor; or

• (b) apply to the Agency in writing, submitting a modified ABC/ITC contract, to amend that permit by way of changes not described in paragraph (a).

(5) An air carrier modifying an ABC/ITC program in accordance with paragraph (4)(a) shall give notice of the modification to the Agency at least five days prior to the proposed effective date of that modification.

(6) No application by an air carrier to amend, otherwise than in accordance with subsections (1) and (3) and paragraph (4)(a), a program permit issued to the air carrier shall be considered by the Agency unless the application is filed as described in section 37.1, except that applications to operate additional flights on or between the dates of the originally approved flights may be filed not less than five days prior to the earliest prebooking deadline applicable to the sale of transportation as established in section 56.