Air Transportation Regulations

62 (1) Except as otherwise provided in this section, Division II of Part V applies to an ABC.

(2) No air carrier shall operate an ABC unless the air carrier has filed with the Agency an ABC tariff that is in effect on the date of signature of the contract for the ABC and is applicable for the dates and times of performance of the outbound and inbound portions of the ABC under the contract.

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

(4) Unless an ABC tariff filed with the Agency has been rejected, or suspended or disallowed by the Agency, or withdrawn by the air carrier, prior to its effective date, an ABC tariff becomes effective not less than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 ABC 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 ABC tariff as has been taken into account for the purpose of avoiding the application of subsections (8) and (9).

(6) An ABC 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 ABC 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 ABC tariff of a non-Canadian air carrier on file with the Agency shall be disallowed if that toll is less than the lowest ABC toll in the ABC tariff 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 ABC tariff, could apply to such ABC transportation as is covered by the non-Canadian air carrier’s toll.

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

• (a) that non-Canadian air carrier may, notwithstanding the provisions of 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).