Air Transportation Regulations

49 (1) No air carrier shall operate an ABC unless

• (a) the entire passenger seating capacity of the aircraft is chartered by one or more charterers or a combination of charterers and foreign-origin charterers for resale to the public;

• (b) where the passenger seating capacity of the aircraft is at least 20 passenger seats, each charterer and each foreign-origin charterer contracting for passenger seats contracts for at least 20 passenger seats for resale to the public; and

• (c) where the passenger seating capacity of the aircraft is less than 20 passenger seats, one charterer charters the entire passenger seating capacity of the aircraft for resale to the public.

(2) Subject to subsection (1) and section 60, the arrangement between an air carrier and a foreign-origin charterer to provide round-trip charter air transportation of the advance booking type to foreign-origin passengers on an ABC and the terms and conditions applicable to the carriage of those foreign-origin passengers shall be governed by the provisions of Division VII.