Licensing and Charters

Act: Canada Transportation Act, S.C. 1996, c. 10, as amended
Regulation: Air Transportation Regulations, SOR/88-58, as amended; National Transportation Agency General Rules, SOR/83-448, as amended.

To Whom Does This Apply?

Canadian and foreign air carriers providing publicly available air transportation services domestically or internationally on a scheduled or non-scheduled basis, and those organizations and individuals interested in entering the airline industry, as well as travel wholesalers and the public are considered to be the Licensing and Charters Division's target audience.

Summary

The Licensing and Charters Division is responsible for administrating the air carrier licensing delivery system for carriers offering international or domestic services to the public. The Division also administers a permit delivery system for international charter operations.

Terms and Conditions
To be considered for a domestic licence (to operate fixed wing aircraft or rotating wing aircraft anywhere in Canada or between Canada and a point outside Canada that is not in the territory of another country), a scheduled international licence or a non-scheduled international licence, a Canadian applicant must provide the Canadian Transportation Agency with proof of:

• Canadian status;
• a Canadian aviation document for the type of service to be provided;
• prescribed liability insurance coverage for the service to be provided;
• compliance with the prescribed financial requirements for medium or large aircraft;
• compliance with the provisions of the Canada Transportation Act (the Act) relating to prohibition of sale without a licence;
• in the case of a scheduled international service, designation in writing by the Minister, that the Canadian is eligible to hold a scheduled international licence.

Foreign applicants for international licences need to meet similar requirements as Canadian applicants, with the following exceptions:

• they are not subject to the Canadian status and to the prescribed financial requirements;
• they must hold an equivalent authority from their own country as the one applied for to the Agency;
• in the case of a scheduled international service, their own government must designate them.

To obtain a program permit to operate an international charter flight an applicant must:

• hold a non-scheduled international service licence;
• for most charter types, satisfy the Agency that it has protected the money paid in advance by the charterer for the performance of the flight;
• where applicable, submit a charter contract in accordance with the air carrier's tariff, as well as other documents as provided for in the Air Transportation Regulations.

The Division's activities include:

Air Licences

• issuing, amending, suspending or cancelling air licences;
• administering a comprehensive program to ensure compliance by carriers with the Law's requirements (i.e., liability insurance, Canadian ownership, valid operating certificate, compliance with the prescribed financial requirements for medium and large aircraft, as well as with the provisions of the Act prohibiting the sale of transportation without holding a licence);
• suspending or cancelling licences if air carriers fail to meet certain of the Agency's licensing requirements;
• advising Agency members on the appropriate terms and conditions to be placed on licences;
• recommending to the Agency the granting of exemptions to various licensing requirements.

International Charter Services

• issuing, conditioning, suspending or cancelling permits for international charter services;
• ensuring that advance payments made by tour operators to licensed carriers operating international charter flights are protected (these payments are made with money already paid by passengers);
• recommending exemptions from international charter permit requirements to the Agency.

The Division maintains a data bank of carrier information as well as a data bank on charter programs. Staff also respond to complaints from carriers concerning the activities of other carriers.

The Division may be reached seven days a week, for urgent situations occurring at any time outside normal business hours, through an after hours Service Call System at (613) 769-6274.

Legislation and regulations governing the Division's activities include the Canada Transportation Act and the Air Transportation Regulations, as well as the General Rules established by the former National Transportation Agency. They can be accessed from the Web site Legislation (see More Information).

Application guides for different types of licences and charter permits are available. They can be accessed from the Canadian Transportation Agency's Web sites Licensing and Charters (see More Information) 

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
See National Contact.

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National Contact(s):
Manager
Licensing and Charters Division
Air and Accessible Transportation Branch
Canadian Transportation Agency
Terrasses de la Chaudière
15 Eddy Street
Gatineau, Quebec  K1A 0N9
Telephone: (819) 997-0344
Fax: (819) 953-5562
Toll-free (information): 1-888-222-2592
TTY Toll-free (hearing impaired): 1-800-669-5575