Charter Permit Application Guide (International flights other than Canada/USA) for Canadian Originating Entity

Table of Contents

Application Filed Pursuant To The Air Transportation Regulations (ATR)

March 2017

 Important Information

As part of its Regulatory Modernization Initiative, the Agency is examining prospective amendments to the Air Transportation Regulations (ATR), taking into consideration the evolution of industry practice over the last twenty years, due in part to past policy statements from Transport Canada regarding charter services.

Pending completion of this initiative, a number of carriers have applied for and been granted a "general exemption" from provisions of the ATR that:

  • restrict the number of charterers to one
  • require an affidavit of the charterer be filed with the Agency verifying that the cost of transportation is paid solely by the charterer and that no charge or other financial obligation is imposed on any passenger as a condition of carriage or otherwise in connection with the transportation
  • require tariffs filed with the Agency to include rates to be charged for the charter of aircraft
  • prohibit the chartering of an aircraft to a person who obtains payment for cargo traffic carried (freight forwarders/consolidators)

These exemptions maintain:

  • the prohibition from carriers selling directly
  • the requirement that full capacity of the aircraft be chartered

1) Legislative References

  • Part III, Division III, Sections 33.1 to 36.1 of the Air Transportation Regulations (ATR)
  • Part V, Division II, Sections 108 to 135 of the ATR

2) Definition

"Entity charter" means a flight operated according to the conditions of a charter contract under which:

  1. the cost of transportation of passengers (or goods) is paid by one person, corporation or organization without any contribution, direct or indirect, from any other person; and
  2. no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation.

3) Carrier Must Hold:

Non-Scheduled International Licence: valid for charter operations between Canada and the point of destination

Insurance Certificate: adequate publication/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)

Note: Entity charter permits are required for aircraft having a maximum certificated take-off weight (MCTOW) greater than 35,000 lbs.

4) Filing Time

An entity charter application must be filed with the Agency not more than six months prior to the date of a proposed flight or the first of any proposed series of flights in respect of which the application is made and;

not less than 2 working days prior to departure:

For Canadian originating flights where the air carrier proposes to operate a third or fourth freedom charter pursuant to its valid non-scheduled international licence.

or

not less than 30 days prior to departure:

For Canadian originating flights not described above.

5) Carrier/Charterer Must Submit:

A charter contract dated and signed by the carrier and the charterer in accordance with its tariff on file and in effect on the date the contract is signed as well as the details of the proposed operation including:

  1. date and time of operation
  2. points of origin and destination
  3. routing of the proposed flight
  4. type and configuration of the aircraft
  5. number of seats or capacity contracted
  6. the calculation of the charter price

Pursuant to Section 35 of the ATR, livestock charters include the following categories:

  • cattle
  • equine (horses)
  • swine
  • sheep
  • goats
  • poultry

6) General Information

The charterer can be represented by an agent. However, the Agency will not accept an affidavit signed by an agent on behalf of the charterer. Only a duly authorized officer of the charterer is authorized to sign said document.

Note: An agent CAN SIGN the contract for the charterer if the latter has submitted a letter to the Agency stating that this agent has the power to sign on its behalf.

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.

Charter Transportation Agreement

TYPE OF CHARTER: ENTITY AIRCRAFT: CONTRACT NO:
  SEATING CAPACITY:  

This Agreement made this ______day of ___________, ____ BETWEEN _______________, (hereinafter called "Carrier") AND ________________, (hereinafter called "Charterer") (Address of Charterer)

WHEREAS the Carrier shall provide aircraft with crew on a charter basis and the Charterer shall charter same, as hereinafter described, in accordance with and subject to the terms and conditions of this Agreement, and any appendices hereto, all of which shall be governed by the applicable tariffs of the Carrier filed pursuant to law with the Canadian Transportation Agency, the Aeronautics Act, the Canada Transportation Act and other regulations pertinent thereto.

NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, the parties hereto agree:

DATES ORIGIN DESTINATION TRAFFIC STOPS LIVE/FERRY CONTRACTED SEATS
           
  (Provide details of flight schedule)  
           
Baggage Allowance: Live Sector Charge:
Tariff Reference: Ferry Sector Charge:
Special Arrangements/Remarks: Other Charges:
  Taxes:
  Total:
  Payment Due Date Amount
Deposit:      
First:      
Second:      
Balance:      
Total Charter Price:      

This Agreement shall be interpreted in accordance with the laws of (province, state or country)

On Behalf Of The Air Carrier On Behalf Of The Charterer
Signature Signature
Per Per
Title Title
Witness Witness

Tariff Justification

Charterer:

Routing:

Statute Mileage:

Source:

  • ________ IATA/IAL Air Distances Manual
  • ________ IATA Mileage Manual
  • ________ International Aeradio Ltd.
  • ________ Other, please Identify

Tariff Reference:

CTA(A)___________ No. page(s)___________

            LIVE/LIVE   FERRY/LIVE
  X   X          
S.M.Note 1   Legs   R/S/MNote 2 $   $  
  X   X          
S.M.   Legs   R.S.M $   $  
  X   X          
S.M.   Legs   R.S.M $   $  
          $   $  
Ground Handling: $   $  
Other: $   $  
TOTAL CHARTER PRICE: CA $   $  
Date modified: