Charter Permit Application Guide for Canadian Originating Transborder Goods Charters (TGC)
1) Legislative References
- Part IV, Sections 76 to 78 of the Air Transportation Regulations (ATR)
- Part IV, Division I, Sections 79, 80 and 82 to 86 of the ATR
- Part IV, Division IV, Sections 101 and 102 of the ATR
- Part V, Division III, Sections 135.1 to 135.4 of the ATR
"Transborder goods charter" or "TGC" means a one-way or return charter that originates in Canada and that is operated between Canada and the United States according to the conditions of a charter contract to carry goods, entered into between one or two air carriers and one or more charterers, under which the charterer or charterers charter the entire payload capacity of an aircraft.
3) Carrier Must Hold:
- Non-scheduled International licence: valid for charter operations between Canada and the United States
- Insurance certificate: adequate insurance coverage pursuant to section 7 of the ATR
- Operating certificate: must reflect aircraft type to be used for the operation (this document is issued by Transport Canada)
4) Operational Restrictions
- No Canadian air carrier shall operate a TGC flight or a series of TGC flights for a courier service using aircraft having a maximum certificated take off weight (MCTOW) greater than 35,000 lbs serving more than one point in the United States on a single flight;
- No U.S. air carrier shall operate a TGC flight or series of TGC flights for a courier service using aircraft having a MCTOW greater than 35,000 lbs serving more than one point in Canada on a single flight.
Carriers operating TGC flights will not require a program permit prior to operation but must comply with the post facto requirement.
5) Post Facto Requirement
A licensed air carrier using aircraft having a MCTOW greater than 35,000 lbs does not require a permit from the Agency prior to operating a Canadian originating transborder goods charter or series of transborder goods charters. However, the carrier shall submit to the Agency or its authorized representative in writing, within 30 days after the end of each month, a reportNote 1 respecting the TGC or series of TGCs that were operated during the previous month, which report shall set out:
- for each charter, the aircraft type and payload capacity of the aircraft, which capacity may be expressed in the number of tons or tonnes available for revenue goods;
- every airport of enplanement or point of departure and every point of deplanement or point of destination of each charter;
- the dates of departure and arrival of each charter; and
- for each charter:
- the total weight of courier goods, being goods carried for door-to-door transport where the charter only transports such goods or,
- the total weight of goods transported, where that charter transports goods that are not exclusively courier goods.
Charter division contact numbers:
- The facsimile number for the charter division of the Canadian Transportation Agency is 819-953-5572.
- For further information on this guide, you can contact one of the Team Leaders.
The licensee must contact:
- Transport Canada, for compliance with security requirements (General Inquiries 613-990-2309);
- The local airport authority for permission to operate at specific times or for the use of any airport facility;
- Canada Border Services Agency regarding the availability of clearance services and hours of operation of the port of entry (General Inquiries in English 204-983-3500 or 506-636-5064).
Should there be any discrepancy between what is contained in this document and what is contained in the Canada Transportation Act and the Air Transportation Regulations, the Canada Transportation Act and the Air Transportation Regulations shall prevail.
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