Air Transportation Regulations

43.1 The operation of an ITC is subject to the following conditions:

• (a) where the passenger seating capacity of an aircraft to be operated in the ITC is less than 40 seats, the air carrier shall charter the entire passenger seating capacity of the aircraft to one tour operator;

• (b) where the passenger seating capacity of an aircraft to be operated in the ITC is 40 seats or greater, the air carrier shall charter the entire seating capacity of the aircraft, of which not less than 20 seats shall be chartered to each tour operator;

• (c) subject to paragraphs 43(3)(g) and (h), where more than one inclusive tour is operated as part of a series of flights under one contract referred to in subparagraph 43(2.1)(b)(i) or under any other contract with an air carrier, a tour participant transported on an ongoing portion of an inclusive tour under the contract may be returned on any return portion of an inclusive tour operated as part of the same series under the contract;

• (d) every contract in respect of the ITC shall include conditions requiring that

  • (i) where tour participants are to be returned to Canada by air, each intended participant in the ITC make a firm reservation for the return ITC transportation of that participant when making a reservation for the outbound portion of the ITC, and

  • (ii) no change in a reservation for an air portion of an ITC be made after departure of the ITC from its point of origin;

• (e) no ITC on which a single aircraft is used may serve more than three points of origin and three points of destination, except that any number of points of destination may be served where all participants in the ITC visit each destination in turn;

• (f) the air carrier shall not pay directly or indirectly any commission to, or confer any benefit on, a tour operator or any other person;

• (g) the charter price charged to the charterer shall be in accordance with the air carrier’s applicable tariff on file with the Agency and in effect on the date the charter contract is signed;

• (h) the total amount paid for air transportation by the tour operator shall not be other than the charter price calculated in accordance with the tariff referred to in paragraph (g);

• (i) the air carrier shall, on request, furnish the Agency with such other information relating to the inclusive tour as may be required;

• (j) the air carrier shall not act directly or indirectly as a tour operator and shall not advertise or participate in any way in the promotion of any inclusive tour;

• (k) prior arrangements for suitable aircraft arrival and departure times shall be made by the air carrier with the appropriate authorities of the airport to be used; and

• (l) where a program permit has been issued in respect of the ITC, the permit shall be carried on board the aircraft for presentation on request.