Vol. 151, No. 4 — February 22, 2017
Registration
SOR/2017-19 February 13, 2017
CANADA TRANSPORTATION ACT
Regulations Amending the Air Transportation Regulations (Miscellaneous Program)
P.C. 2017-114 February 13, 2017
Whereas, pursuant to subsection 36(2) of the Canada Transportation Act (see footnote a), the Canadian Transportation Agency has given the Minister of Transport notice of the annexed Regulations;
Therefore, the Canadian Transportation Agency, pursuant to section 86 (see footnote b) of the Canada Transportation Act (see footnote c), makes the annexed Regulations Amending the Air Transportation Regulations (Miscellaneous Program).
Gatineau, December 6, 2016
Scott Streiner
Chairperson and Chief Executive Officer, Canadian Transportation Agency
Sam Barone
Vice-Chairperson, Canadian Transportation Agency
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 36(1) of the Canada Transportation Act (see footnote d), approves the annexed Regulations Amending the Air Transportation Regulations (Miscellaneous Program), made by the Canadian Transportation Agency.
Regulations Amending the Air Transportation Regulations (Miscellaneous Program)
Amendments
1 Subsection 8.5(4) of the French version of the Air Transportation Regulations (see footnote 1) is replaced by the following:
(4) Dans le cas où l’alinéa 8.3(1)b) s’applique, le licencié n’est exempté de l’application du paragraphe (1), de l’alinéa (2)a), du sous-alinéa (2)b)(i) et du paragraphe (3) que s’il a fait tout son possible pour s’y conformer.
2 Subparagraph 25(2)(f)(iii) of the Regulations is replaced by the following:
- (iii) that the charterer has a place of business in Canada or, if the charterer is a corporation, that it is registered under the laws of Canada or any province; and
3 Subsection 36(1) of the Regulations is replaced by the following:
36 (1) On receipt of an application that is made by a non-Canadian air carrier for a program permit to operate a fifth freedom entity charter and that satisfies the requirements of these Regulations, the Agency shall, by making particulars of the application available to all Canadian air carriers holding non-scheduled international licences valid for that entity charter, advise those carriers of the application.
4 Subparagraph 43(2.1)(e)(iii) of the Regulations is replaced by the following:
- (iii) that the tour operator has a place of business in Canada or, if the tour operator is a corporation, that it is registered under the laws of Canada or any province.
5 Paragraph 52(e)(iii) of the Regulations is replaced by the following:
- (iii) that the charterer has a place of business in Canada or, if the charterer is a corporation, that it is registered under the laws of Canada or any province.
6 (1) Subparagraph 95(3)(c)(i) of the Regulations is replaced by the following:
- (i) if the financial guarantee is a letter of credit, an original of both the letter of credit and all amendments to it respecting the TPC or series of TPCs, or
(2) Subparagraph 95(3)(c)(ii) of the English version of the Regulations is replaced by the following:
- (ii) in any other case, a copy of the financial guarantee and of all amendments to it respecting the TPC or series of TPCs in addition to signed documentation, in a form provided by the Agency, that establishes that the advance payments received by the air carrier for each charter or series of charters are protected;
7 Subparagraph 107(1)(n)(iii) of the French version of the Regulations is replaced by the following:
- (iii) les indemnités pour refus d’embarquement à cause de surréservation,
8 Subparagraph 115(1)(b)(i) of the French version of the Regulations is replaced by the following:
- (i) soit pour publier les taxes applicables à un aéronef supplémentaire affecté à un service international à la demande, autre que celui exploité selon une taxe unitaire applicable au trafic, ou pour annuler les taxes visant un aéronef devant être retiré de ce service,
9 Section 125 of the English version of the Regulations is replaced by the following:
125 All abbreviations, notes, reference marks, symbols and technical terms shall be defined at the beginning of the tariff.
10 Subsection 129(2) of the Regulations is replaced by the following:
(2) If the Agency rescinds an order of suspension or disallowance, the issuing air carrier or its agent may file a tariff or portion of a tariff that puts into effect the suspended or disallowed tariff provision and cancels any provision restored in consequence of that order, to become effective not less than one working day after the date of filing but not earlier than the originally proposed effective date of the suspended or disallowed provision.
11 Subsection 133(3) of the Regulations is replaced by the following:
(3) Every tariff published pursuant to a limited or a specific concurrence shall conform to the terms of the concurrence indicated in the certificate prepared in the form set out in Schedule V or VI.
12 The portion of paragraph 139(e) of the English version of the Regulations before subparagraph (i) is replaced by the following:
- (e) details of each air service to be operated by the air carrier, namely,
13 Subsection (1) after the heading “DIRECTIVES DE DÉPÔT:” in Schedule I to the French version of the Regulations is replaced by the following:
(1) Un original du présent certificat et tout avis donné en application de l’article 5 doivent être déposés auprès du secrétaire de l’Office des transports du Canada, Ottawa (Ontario), Canada K1A 0N9.
14 Schedule XIII to the Regulations is amended by repealing the following:
I hereby certify that one copy of the service schedules noted above has been forwarded on this date to the following connecting air carriers:
Coming into Force
15 These Regulations come into force on the day on which they are registered under section 6 of the Statutory Instruments Act.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Standing Joint Committee for the Scrutiny of Regulations (the Committee) has identified a number of technical issues with the Air Transportation Regulations, SOR/8858 and has recommended amendments to address these issues.
Objectives
The amendments have the following objectives:
- to correct discrepancies between the French and English versions;
- to add clarity to regulatory provisions; and
- to correct errors and to improve the text.
Description
Air Transportation Regulations, SOR/88-58
(1) Clarification of terms:
- The term “principal place of business” (“établissement principal”) is replaced with “place of business” (“établissement”) in subparagraphs 25(2)(f)(iii), 43(2.1)(e)(iii), and 52(e)(iii) in both the English and French text to provide that the establishment may be any place in Canada where the air carrier receives goods for transportation or offers passenger tickets for sale.
(2) Correction to reference:
- The reference to paragraph 8.2(1)(b) in subsection 8.5(4) is replaced by 8.3(1)(b) to correct an improper numbering reference in the French text.
(3) Removal of reference to repealed subsection:
- The reference to subsection 36(2) within subsection 36(1) is removed from both the English and the French text, as that subsection has been repealed.
(4) Corrections and improvements:
- a. The word “that” is added to subparagraph 95(3)(c)(ii) to correct the grammatical structure in the English text.
- b. The phrase “the original” (“l’original”) is replaced by “an original” (“un original”) in subparagraph 95(3)(c)(i) in both the English and French text because it is possible to have more than one original.
- c. The term “sur reservation” in subparagraph 107(1)(n)(iii) is replaced by “surréservation” to correct a typographical error in the French text.
- d. The term “fixer” in subparagraph 115(1)(b)(i) is replaced by “publier” in the French text for consistency.
- e. The phrase “annule celle rétablie par l’arrêté” is replaced by “annule celle rétablie par suite de l’arrêté” in the French text of subsection 129(2) to clarify that it is the tariff and not the order which gives effect to the provision, and the English text is redrafted to make it clearer.
- f. The phrase “décrites aux annexes V et VI” is replaced by “ énoncées dans le certificat établi conformément aux annexes V ou VI” in the French text of subsection 133(3) as the schedules set out the form of the certificate rather than describe the concurrence. The English text is redrafted to make it clearer.
(5) Corrections of discrepancies between the English and the French text:
- a. In English, the word “fully” is deleted from section 125 to harmonize with the French text.
- b. In English, the word “full” is deleted from paragraph 139(e) to harmonize with the French text.
- c. In French, the term “L’original” in subsection (1) of the Filing directions for Schedule I is replaced with “Un original” to harmonize with the English text.
(6) Removal of obligation from Schedule:
- The requirement to forward copies of service schedules to connecting carriers is removed from Schedule XIII in both the English and French text because sections 137 and 138 do not require that certification.
“One-for-One” Rule
The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.
Small business lens
The small business lens does not apply to these amendments, as there are no costs to small business.
Rationale
The amendments to the Air Transportation Regulations are in response to the Committee’s review of the Regulations.
The amendments help to correct or improve the regulatory base, and do not impose any costs on the government or stakeholders.
Contact
Karen Plourde
A/Senior Director
Analysis and Regulatory Affairs
Analysis and Outreach Branch
Canadian Transportation Agency
Telephone: 613-668-4119
Email: Karen.Plourde@otc-cta.gc.ca
- Footnote a
S.C. 1996, c. 10 - Footnote b
S.C. 2007, c. 19, s. 26 - Footnote c
S.C. 1996, c. 10 - Footnote d
S.C. 1996, c. 10 - Footnote 1
SOR/88-58