Air Transportation Regulations

45 (1) Except as otherwise provided in this section, Division II of Part V applies to ITC transportation.

(2) No air carrier shall operate an ITC unless

• (a) the air carrier has filed with the Agency an ITC tariff; and

• (b) the tariff referred to in paragraph (a) is in effect on the date of signature of the ITC contract and is applicable at the dates and times of performance of any air portion of the tour under that contract.

(3) No air carrier shall, in respect of any ITC, charge any toll other than the tolls that are applicable to that ITC pursuant to the air carrier’s ITC tariff on file with the Agency and in effect.

(4) Unless an ITC tariff filed with the Agency has been rejected, or suspended or disallowed by the Agency, or withdrawn by the air carrier, prior to its effective date, an ITC tariff becomes effective not less than

• (a) 45 days after the date of filing that tariff, if filed by a Canadian air carrier; and

• (b) 30 days after the date of filing that tariff, if filed by a non-Canadian air carrier.

(5) Notwithstanding subsection (4), no ITC tariff filed with the Agency by a non-Canadian air carrier shall become effective unless that air carrier identifies such toll in a Canadian air carrier’s ITC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

(6) An ITC tariff filed with the Agency shall remain in effect for at least six months but not longer than 12 months after the effective date thereof.

(7) Tolls shall be published for the entire passenger seating capacity of every aircraft on an ITC at a rate per seat per mile, expressed in cents to the third decimal, indicating the type and seating configuration of the aircraft, the days or other period of time and the geographic area or route in respect of which the tolls apply.

(8) Notwithstanding any other provision of these Regulations, any toll contained in the ITC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest ITC toll of any Canadian air carrier on file with the Agency and in effect that, pursuant to the terms and conditions of the Canadian air carrier’s ITC tariff, could apply to such ITC transportation as is covered by the non-Canadian air carrier’s toll.

(9) Where, pursuant to subsection (8), the ITC toll in the tariff of a non-Canadian air carrier is disallowed,

• (a) that non-Canadian air carrier may, notwithstanding paragraph (4)(b) and subsection (6), on notification by the Agency of the disallowance of that toll, substitute therefor a new toll, which shall not be less than the Canadian air carrier’s toll described in subsection (8) and shall become effective not less than one day after the date on which it is filed with the Agency; or

• (b) where the non-Canadian carrier does not act pursuant to paragraph (a) within one day, the Agency may establish and substitute for the disallowed toll a new toll which shall take effect in the tariff forthwith notwithstanding paragraph (4)(b) and subsection (6).