Amendments to the Air Transportation Regulations (ATR) and the Canadian Transportation Agency Designated Provisions Regulations (DPR) affecting international air transportation
On February 5, 2009, changes to the Air Transportation Regulations and to The Canadian Transportation Agency Designated Provisions Regulations came into effect. These changes will help to ensure that the legal obligations of international air carriers to their passengers are more transparent, and harmonize certain domestic and international regulatory provisions.
Changes to Air Transportation Regulations
- Display of Terms and Conditions on Internet sites (section 116.1): All international carriers selling flights through the Internet to and from Canada must post their terms and conditions of carriage (tariffs) on their Web sites.
- Public inspection of tariffs and posting of signage by carriers at their business offices (section 116 subsections (1) and (2)): International carriers must make their tariffs available for inspection at each of their business offices in Canada, including locations such as ticket counters or publication/baggage drop off areas at airports. In addition, each office must display in a prominent place a sign advising the public that the tariff is available for inspection. The same signage may be used both for Canadian domestic and international services. Agency staff will meet with airport and air carrier representatives at major Canadian airports to discuss this requirement to achieve widespread compliance.
- Ability to order corrective measures be taken by all air carriers not just licensees (section 113.1): Changes to the wording found in this section expand its scope to include all international carriers not just licensees participating in transportation to and from Canada. Any non-licensee who takes part in providing air transportation to and from Canada is now subject to the same regulatory oversight as licensees. The Agency may order corrective measures to be taken when any carrier has failed to apply its tariff.
Changes to Designated Provisions Regulations and Administrative Monetary Penalties
The Canadian Transportation Agency Designated Provisions Regulations (DPR) is a list of all parts of the Canada Transportation Act (Act) and of the Air Transportation Regulations (ATR) that are subject to Administrative Monetary Penalties (AMPs) for non-compliance, as well as the maximum penalty associated with each section.
Carriers offering publically available air services under the authority of the Act may be affected by the newly amended DPR and its associated AMPs.
- Maximum monetary penalties have been set for carriers who contravene certain new legislative requirements to $2,000 for individuals and $10,000 for corporations. These amounts are consistent with those currently applicable to similar provisions in the Act and ATR.
- International air carriers who do not comply with the signage requirement, ATR (Subsection 116(2) will be subject to the same penalties as domestic carriers in violation of the similar part of the Act.
The Canada Transportation Act as well as all the Regulations are accessible via the Agency's Web site.