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DEPARTMENT OF TRANSPORT ACT
Government Airport Concession Operations Regulations
REGULATIONS RESPECTING THE CONTROL OF COMMERCIAL AND
OTHER OPERATIONS AT GOVERNMENT AIRPORTS
1. These Regulations may be cited as the Government
Airport Concession Operations Regulations.
2.(1) In these Regulations,
"airport" means an aerodrome for which an airport licence has
been issued by the Minister under Part III of the Air Regulations; (aéroport)
"airport manager" means the Department of Transport official
in charge of an airport or his duly authorized representative; (directeur d'un aéroport)
"Board" means any group of persons that has agreed with the
Minister to provide advice in respect of the issuance and cancellation of permits;
(Commission)
"bus" means a commercial passenger vehicle operated on a per
passenger fare basis and serving a specific route or destination; (autobus)
"commercial passenger vehicle" means a rental motor vehicle
or a motor vehicle that is used in the transportation of persons for compensation;
(véhicule commercial de passagers)
"courtesy vehicle" means a motor vehicle operated by a
commercial enterprise for the purpose of transporting customers of that enterprise between
an airport and the place of business of that enterprise; (véhicule de courtoisie)
"designated airport" means an airport designated by the
Minister pursuant to subsection 4(1); (aéroport désigné)
"designated vehicle" means a motor vehicle of a class
specified by the Minister pursuant to subsection 4(2); (véhicule désigné)
"dispatch service" means a service provided to an airport
that directs taxicabs or limousines to customers who request such vehicles; (service de
répartition)
"driver" with respect to a motor vehicle, means the person
who is driving or has the care or control of that motor vehicle; (conducteur)
"general vehicle station" means an area at an airport
described or delineated pursuant to section 6 for the parking or standing of a courtesy
vehicle or a commercial passenger vehicle, other than a taxicab or limousine, used to
provide transportation for passengers or goods; (station générale de véhicules)
"ground transportation inspector" means a person appointed
pursuant to section 5; (inspecteur du transport au sol)
"limousine" means a commercial passenger vehicle, other than
a bus, that has a seating capacity of not more than ten persons including the driver and
that is used for the transportation of passengers on a zone fare basis; (limousine)
"Minister" means the Minister of Transport or a person
authorized by him to act on his behalf; (Ministre)
"open limousine station" means an area at an airport
described or delineated pursuant to section 6 for the parking or standing of any
limousine; (station publique de limousines)
"open taxicab station" means an area at an airport described
or delineated pursuant to section 6 for the parking or standing of any taxicab; (station
publique de taxis)
"operator" in respect of a commercial passenger vehicle or
courtesy vehicle, means the person who is in charge of the vehicle, whether or not he is
actually the driver; (exploitant)
"permit" means a permit issued pursuant to subsection 11(1);
(permis)
"permit holder" means the operator specified in the permit;
(détenteur de permis)
"plate" means a plate, card, sticker or other device provided
pursuant to subsection 11(2); (plaque)
"taxicab" means a commercial passenger vehicle, other than a
bus or a limousine, fitted with a meter that is used to determine the fee to be paid
pursuant to paragraph 10(c). (taxi)
(2) In these Regulations, a commercial passenger vehicle does not
include
(a) a vehicle that is primarily used in the transportation of persons
to, from or between medical facilities;
(b) a bus that provides a regularly scheduled urban transit service
primarily to and from destinations other than an airport; or
(c) a bus that provides an urban transit service for persons having
disabilities.
3. These Regulations apply to every airport that
(a) is under the management and control of the Minister; and
(b) belongs to or is occupied by Her Majesty in right of Canada.
4. (1) The Minister may designate any airport at which
a permit is required to operate a commercial passenger vehicle or a courtesy vehicle.
(2) Where the Minister designates an airport pursuant to subsection
(1), he may specify the class or classes of commercial passenger vehicles or courtesy
vehicles that require the operator of those vehicles to be issued a permit before
operating those vehicles at that airport.
(3) A designation referred to in subsection (1) or a specification
referred to in subsection (2) may be revoked by the Minister.
5. (1) An airport manager may designate any person at
the airport as a ground transportation inspector to monitor and enforce the provisions of
these Regulations relating to ground transportation.
(2) No person shall obstruct a ground transportation inspector engaged
in the performance of his duties.
6. (1) An airport manager may, by means of a sign or
surface marking, describe or delineate any area at the airport as an open taxicab station,
open limousine station or general vehicle station.
(2) Where an area has been described or delineated pursuant to
subsection (1)
(a) as a general vehicle station, an operator of a courtesy vehicle or
an operator of a commercial passenger vehicle, other than a taxicab or limousine, shall
not pick up or unload a passenger or goods at that airport except at that general vehicle
station; and
(b) as an open taxicab station or open limousine station, an operator
of a taxicab or limousine shall not pick up or unload a passenger or goods at that airport
except at that open taxicab station or open limousine station, as the case may be.
7. (1) Subject to section 8, a person who conducts any
business or commercial undertaking at an airport must have a permit to do so or have
entered into a lease, licence agreement or other contract with the Minister in respect of
the operation of that business or undertaking.
(2) Subject to section 8, a person who fixes, installs or places
anything at an airport for the purpose of a business or commercial undertaking must have a
permit to operate the business or undertaking or have entered into a lease, licence
agreement or other contract with the Minister in respect of the operation of that business
or undertaking at the airport.
8. (1) Subject to section 10, any person may transport
a passenger
(a) in a commercial passenger vehicle or a courtesy vehicle from any
place outside an airport to a place at the airport where the transportation does not
contravene any provincial law relating to trespassing; or
(b) in a commercial passenger vehicle or courtesy vehicle set out in
column II of an item of the schedule from any place at an airport set out in column I of
that item to any place outside the airport, if arrangements have been made for the
transportation by or on behalf of the passenger before the arrival of the vehicle at the
airport.
(2) A person who uses a commercial passenger vehicle or a courtesy
vehicle to provide transportation to persons from any place at an airport that has been
designated pursuant to subsection 4(1) to any place outside the airport must:
(a) have entered into a licence agreement with the Minister that
provides for such transportation of persons; or
(b) have a permit in respect of the vehicle and operate the vehicle in
accordance with the terms and conditions of the permit.
9. Notwithstanding section 6 or 7 or subsection 8(2),
the airport manager may authorize the operator of any commercial passenger vehicle to pick
up, unload or transport passengers at an airport
(a) in an emergency, where the requirements of public safety,
convenience or necessity cannot be met by the ground transportation services authorized by
these Regulations;
(b) during irregular flight operations as a result of weather or
technical reasons, where the ground transportation services authorized by these
Regulations are disrupted or inadequate; or
(c) at any location that is remote from any place at which ground
transportation services authorized by these Regulations is provided.
10. The operation of any commercial passenger vehicle
at an airport shall be subject to the following conditions:
(a) every person who has transported a passenger in a commercial
passenger vehicle from a place outside an airport to a place at the airport shall leave
the airport by the most direct route;
(b) when a commercial passenger vehicle, other than a bus, has advanced
to the front of a commercial passenger vehicle waiting line at any airport, the driver of
the vehicle shall not refuse to transport any person, who has requested to be transported,
to a destination within or outside the airport unless that person is, in the opinion of a
peace officer, as that term is defined in the Criminal Code, or a ground transportation
inspector, intoxicated or conducting himself in a disorderly manner;
(c) the only fee that may be charged to a passenger by a driver of a
commercial passenger vehicle who picks up and transports that passenger from a place at an
airport to a destination outside the airport is the fee authorized to be charged by the
applicable provincial or municipal tariff or by a tariff approved by the Minister;
(d) the driver of every commercial passenger vehicle at an airport
shall, at the request of a ground transportation inspector at that airport,
(i) stop the vehicle,
(ii) permit the ground transportation inspector to inspect the vehicle,
and
(iii) where a permit has been issued to the operator of the vehicle,
produce the permit for examination;
(e) where a permit has been issued pursuant to subsection 11(1), the
operator and driver of the vehicle for which the permit was issued shall comply with any
terms and conditions under which the permit was issued; and
(f) where the commercial passenger vehicle is a taxicab, the operator
of that taxicab holds a provincial or municipal licence to operate a taxi service.
10.1 The airport manager may establish a dispatch
service at a designated airport.
11. (1) Subject to sections 13 and 14, where an
operator of a commercial passenger vehicle or courtesy vehicle requires a permit to
operate that vehicle at an airport pursuant to subsection 4(1) or (2), the airport manager
at the airport may, on written application for it, issue a permit to the operator
permitting the operation of that vehicle at that airport subject to such terms and
conditions as the airport manager deems necessary.
(2) Where a permit has been issued, pursuant to subsection (1), the
airport manager shall provide a plate to the permit holder.
(3) Subject to sections 15 and 17, a permit issued pursuant to
subsection (1) shall be valid for the period set out in the permit.
12. When a permit expires, the permit shall be
returned by the permit holder to the airport manager.
13. The airport manager shall, on notice to the
applicant, refer any application for a permit received by him to a Board for its advice as
to whether the permit, in the interests of public necessity and convenience, should be
issued and, if issued, as to the terms and conditions under which it should be issued.
14. Where the Board has advised the airport manager,
pursuant to a referral under section 13, the airport manager shall consider such advice
before issuing or refusing to issue the permit if
(a) the advice is given, pursuant to a hearing by the Board;
(b) the applicant was a party to the hearing; and
(c) the airport manager or his representative was given an opportunity
to be heard at the hearing.
15. (1) Subject to subsection (2), an airport manager
may suspend a permit for a period not exceeding thirty days where he has reason to believe
that the permit holder or driver of the motor vehicle for which the permit was issued has
violated any provision of these Regulations or any of the terms and conditions under which
the permit was issued.
(2) No permit shall be suspended pursuant to subsection (1)
(a) unless written notice of the proposed suspension has been delivered
by hand or sent by registered mail to the permit holder, at the address set out in the
permit, stating
(i) the reason for the proposed suspension,
(ii) the period of the proposed suspension, and
(iii) that the permit holder may, within ten days of the date on which
the notice was delivered by hand or sent by registered mail
(A) submit a request to appear before the airport manager for the
purpose of making representations in respect of the proposed suspension, or
(B) submit the reasons, in writing, to the airport manager showing
cause why the permit should not be suspended; and
(b) until the expiration of the ten day period specified in
subparagraph (a)(iii).
(3) Where an airport manager has received the representations referred
to in clause (2)(a)(iii)(A) or the reasons referred to in clause (2)(a)(iii)(B), he shall
consider the representations or reasons, as the case may be, and shall decide whether the
permit is to be suspended and, if the permit is to be suspended, whether it is to be
suspended for the proposed period referred to in subparagraph 2(a)(ii) or for a lesser
period.
(4) When the airport manager has made a decision in accordance with
subsection (3), he shall, without delay, inform the permit holder of the decision by
written notice delivered by hand or sent by registered mail to the permit holder at the
address set out in the permit.
(5) The airport manager shall, within seven days of the suspension of
any permit, send a written report of the suspension to the Minister accompanied by a
recommendation as to whether or not the permit should be cancelled.
16. Where a permit is suspended, the permit holder
shall forthwith return the permit to the airport manager.
17. (1) Subject to this section, where a permit holder
or driver has violated any provision of these Regulations or any of the terms and
conditions under which the permit was issued, the Minister may, on the recommendation of
an airport manager, cancel the permit.
(2) No permit shall be cancelled pursuant to subsection (1),
(a) unless written notice of the proposed cancellation has been
delivered by hand or sent by registered mail to the permit holder, at the address set out
in the permit, stating
(i) the reason for the proposed cancellation, and
(ii) that the permit holder may, within ten days of the date on which
the notice was delivered by hand or sent by registered mail, submit reasons, in writing,
to the Minister showing cause why the permit should not be cancelled; and
(b) until the expiration of the ten day period specified in
subparagraph (a)(ii).
(3) Where the Minister has received the reasons referred to in
subparagraph (2)(a)(ii), he shall
(a) consider the reasons and decide whether or not to cancel the
permit; or
(b) refer the matter with all relevant information to a Board for its
advice as to whether or not the permit should be cancelled.
(4) Where the Minister has referred the matter to a Board pursuant to
paragraph (3)(b) and the Board has advised the Minister, the Minister shall consider the
advice of the Board if
(a) the advice is given, pursuant to a hearing by the Board,
(b) the permit holder was a party to the hearing, and
(c) the Minister or his representative was given an opportunity to be
heard at the hearing
and shall decide whether or not to cancel the permit.
(5) When the Minister has made a decision in accordance with paragraph
(3)(a) or subsection (4), he shall, without delay, inform the permit holder of the
decision by written notice delivered by hand or sent by registered mail to the permit
holder at the address set out in the permit.
(6) Where a permit is cancelled, the permit holder shall forthwith
return the permit to the airport manager.
18. (1) Where a plate has been provided pursuant to
subsection 11(2), the plate shall be securely affixed at all times to the exterior of the
vehicle for which it was provided to identify that vehicle as a vehicle for which a permit
is in force.
(2) Every plate shall remain the property of the Minister and shall be
returned, without delay, by the operator to whom it was provided to the airport manager on
the expiration, suspension or cancellation of a permit issued to that operator.
(3) Where a plate has been received from an operator, pursuant to
subsection (2), as a result of the suspension of a permit, the plate shall be returned to
that operator on the termination of the suspension.
19. No operator to whom a permit has been issued in
respect of a commercial passenger vehicle or a courtesy vehicle shall operate that vehicle
at an airport unless the vehicle has the plate provided for the vehicle affixed to the
vehicle in accordance with subsection 18(1).
20. Every person who contravenes these Regulations is
liable on summary conviction to a fine not exceeding four hundred dollars.
(Paragraph 8(1)(b))
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Column I |
Column II |
Item |
Airport |
Vehicle |
1. |
Red Lake |
taxi, limousine, off-airport rental motor vehicle,
courtesy vehicle provided by hotel or by other rental accommodation |
2. |
Kenora |
taxi, limousine, off-airport rental motor vehicle,
courtesy vehicle provided by hotel or by other rental accommodation |
3. |
The Pas |
taxi, limousine, off-airport rental motor vehicle,
courtesy
vehicle provided by hotel or by other rental accommodation |
4. |
Fort McMurray |
off-airport rental motor vehicle |
5. |
Fort Nelson |
off-airport rental motor vehicle |
6. |
Fort St. John |
off-airport rental motor vehicle |
7. |
Grande Prairie |
off-airport rental motor vehicle |
8. |
Lethbridge |
off-airport rental motor vehicle |
9. |
Watson Lake |
off-airport rental motor vehicle |
10. |
Whitehorse |
off-airport rental motor vehicle |
Established by the
CONSOLIDATED REGULATIONS OF CANADA, 1978.
amended by
SOR/79-373 27 April, 1979 pursuant to sections 25 and 26 of the
Department of Transport Act
Revoked and replaced.
SOR/85-255 14 March, 1985 pursuant to sections 25 and 26 of the
Department of Transport Act
Section 2 by adding the definition "dispatch service"; and
section 10 by adding section 10.1.
SOR/95-228 2 May, 1995 pursuant to section 16 of the Department of
Transport Act
The definition "commercial passenger vehicle" in section 2;
the heading in section 7 and section 7; the heading in section 8 is revoked; paragraph
8(1) (a); subsection 8(2); and section 20.
SOR/96-88 23 January, 1996 pursuant to section 16 of the Department of
Transport Act
Section 2 is renumbered subsection 2(1); subsection 2(2) is added;
paragraph 8(1)(b); and a Schedule is added.
SOR/98-123 19 February, 1998 pursuant to section 16 of the Department
of Transport Act, into force February 19, 1998
Paragraph 8(1)(b); section 10.1; subsection 11(1).
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