Canadian Aviation Regulations (SOR/96-433)

Subpart 4 — Charges

General

Preparatory Actions

104.01 The charge imposed for preparatory actions in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of Schedules I to VII to this Subpart is payable, whether or not the document is issued, renewed, amended or endorsed, and is fixed in accordance with section 104.02 or calculated in accordance with sections 104.03 and 104.04, as applicable.

Charges — Schedules I to IV, VI and VII

104.02 The charge imposed in respect of the issuance, renewal, amendment or endorsement or, in the case of a medical certificate, the processing of a document referred to in column I of Schedules I to IV, VI and VII to this Subpart is the charge set out in column II.

Charges — Schedule V

• 104.03 (1) The charge imposed in respect of an action or in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of Part I of Schedule V to this Subpart is the charge set out in column II.

• (2) The charge imposed in respect of an action or in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of Part II of Schedule V to this Subpart is the amount calculated on the basis of $105 for each hour spent by an employee of the Department of Transport on the processing of the application, to a maximum number of hours as set out in column II.

• (3) The charge imposed in respect of an action or in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of Part III of Schedule V to this Subpart is the amount determined by adding

  • (a) the charge set out in column II; and

  • (b) if the total duty time spent by the employees of the Department of Transport assigned to the processing of the application exceeds 300 hours, the charge calculated on the basis of $105 for each additional hour spent by an employee of the Department of Transport on the processing of the application, to a maximum number of hours as set out in column III.

• (4) For the purposes of subsections (2) and (3), the maximum numbers of hours set out in column II of Part II or in column III of Part III of Schedule V, as applicable, is calculated for the period beginning on April 1 of one year and ending on March 31 of the next year.

Processing of Applications — Additional Charges

• 104.04 (1) When an employee of the Department of Transport must travel within Canada under any of the circumstances referred to in subsection (2), or outside of Canada, to perform a service related to the processing of an application for the issuance, renewal, amendment or endorsement of a document, the following charges are payable:

  • (a) an amount equivalent to overtime expenses, as calculated in accordance with the appropriate collective agreement, for performing the service or travelling to perform the service when the total duty time for the day exceeds the employee’s normal duty time; and

  • (b) an amount equivalent to the transportation, lodging, meal and incidental expenses incurred by the employee, as calculated in accordance with the rates set out in the National Joint Council Travel Directive.

• (2) For the purposes of subsection (1), a charge is payable when an employee of the Department of Transport must travel within Canada under any of the following circumstances:

  • (a) the travel is related to previous travel and is undertaken at the request of the applicant or for any reason that arises exclusively from the applicant; or

  • (b) at the request of the applicant, the travel is undertaken by an employee of the Department of Transport who would not otherwise be available under Department of Transport policy.

• (3) If travel arrangements are changed at the request of the applicant, the following charges are payable:

  • (a) an amount equivalent to any increase in the cost of the travel arrangements, including cancellation or change fees;

  • (b) an amount equivalent to overtime expenses incurred by an employee of the Department of Transport as a result of the change in travel arrangements, as calculated in accordance with the appropriate collective agreement, for performing the service or travelling to perform the service when the total duty time for the day exceeds the employee’s normal duty time; and

  • (c) an amount equivalent to the transportation, lodging, meal and incidental expenses incurred by the employee as a result of the change in travel arrangements, as calculated in accordance with the rates set out in the National Joint Council Travel Directive.

• (4) Hours charged under paragraphs (1)(a) and (3)(b) do not count towards the annual maximum number of hours referred to in subsections 104.03(2) and (3).

• (5) The Minister shall provide an estimate of the expenses on request by the applicant.

Payment

104.05 Subject to section 104.06, a charge imposed under this Subpart is payable in Canadian dollars at the time the service is commenced.

Payment — 30 Days

104.06 The following charges are payable in Canadian dollars within 30 days after the date indicated on each invoice presented by the Minister:

• (a) a charge imposed in respect of the processing of medical certificates referred to in item 21 of Schedule IV to this Subpart;

• (b) a charge referred to in subsection 104.03(2) or (3); and

• (c) a charge referred to in section 104.04.

Transitional Provisions

• 104.07 (1) In the case of a service that was commenced but not completed before June 21, 2023, the charge imposed as of June 21, 2023 is

  • (a) in respect of an action or in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of Part I of Schedule V to this Subpart, the amount payable under section 104.04;

  • (b) in respect of an action or in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of Part II of Schedule V to this Subpart, the amount payable under subsection 104.03(2) – where, for the purposes of calculating the total number of hours spent on the processing of the application, the number of hours spent is reset to zero as of June 21, 2023 – in addition to any amount payable under section 104.04; and

  • (c) in respect of an action or in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of Part III of Schedule V to this Subpart, the amount payable under paragraph 104.03(3)(b) – where, for the purposes of calculating the total number of hours spent on the processing of the application, the number of hours spent is reset to zero as of June 21, 2023 – in addition to any amount payable under section 104.04.

• (2) For greater certainty, the charge imposed under subsection (1) is in addition to the charges payable under these Regulations as they read immediately before June 21, 2023.