Air Transportation Regulations

72 (1) In this section,

consolidated ABC

consolidated ABC means an ABC that results from the consolidation of two or more ABCs; (VARA regroupé)

consolidation

consolidation means the transfer of the reservations of passengers booked on an ABC that is cancelled to another ABC that is to serve the same point of destination as the cancelled ABC and in respect of which the Agency has issued a program permit pursuant to section 48.1 or is deemed to have issued a small carrier charter permit pursuant to section 48.2; (regroupement)

(2) No air carrier shall consolidate ABCs unless the air carrier first obtains the written consent of each charterer that will be affected by the proposed consolidation.

(2.1) An air carrier that operates an ABC with aircraft having a MCTOW greater than 35,000 pounds (15,900 kg) that proposes to consolidate ABCs shall obtain permission from the Agency before the consolidation takes place, unless the consolidation is completed prior to the earliest of the deadlines established by section 56 for the ABCs to be consolidated and those ABCs are proposed to be operated

• (a) between one point of origin and one point of destination; or

• (b) between not more than two points of origin and not more than two points of destination pursuant to paragraph 64(2)(b).

(3) No application for consolidation shall be accepted by the Agency unless the application is received by the Secretary not later than 15 days prior to the proposed day of departure of the consolidated ABC.

(4) No application for consolidation of consecutive ABCs shall extend to any ABC the outbound portion of which is proposed to be commenced later than 13 weeks after the date of the first flight to be consolidated.

(5) No application for consolidation shall be approved by the Agency unless

• (a) the consolidated ABC is to be flown to one point of destination from not more than two points of origin, except where the arrangements arrived at pursuant to paragraph 64(2)(b) are in effect and are applicable to the proposed consolidation, in which case the consolidated ABC may be flown between not more than two origins and two points of destinations;

• (b) the charter rate applicable to the consolidated ABC is to be determined in accordance with such ABC tariff of the air carrier operating the consolidated ABC as is on file with the Agency and in effect at the time of signature of the contract relating to the consolidation and is applicable to the dates, times and the routing of the consolidated ABC;

• (c) the outgoing portions of the ABCs or ABC back-to-back flights proposed to be consolidated are scheduled to be operated on the same day;

• (d) the return portions of the ABCs or ABC back-to-back flights proposed to be consolidated are scheduled to be operated on the same day; and

• (e) the applicant provides full particulars of the proposal, including

  • (i) where applicable, the program permit numbers of the ABCs to be consolidated,

  • (ii) the number of passenger seats available and sold for the outgoing portion and the return portion, respectively, of the ABCs identified pursuant to subparagraph (i),

  • (iii) where applicable, a description of the alternative air transportation to be offered to passengers who cannot be accommodated on the consolidated ABC,

  • (iv) each charterer’s written consent, together with a copy of the contract, respecting the proposed consolidation, and

  • (v) an economic justification of the proposed consolidation.

(6) The Agency shall deny any application for consolidation unless it determines, on the basis of the information contained in the application, that

• (a) the ABCs or the series of ABCs proposed to be consolidated would not be economically viable as originally approved; and

• (b) the consolidation would not be contrary to any of the conditions set out in section 22.

• (c) [Repealed, SOR/96-335, s. 48]

(7) The air carrier shall ensure that all passengers holding reservations on any of the carrier’s ABCs affected by consolidation are offered an ABC or alternative air transportation acceptable to each of them at a price that is not higher than the price paid by the passenger for ABC transportation before the consolidation.