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(a) set out the airport operator's
methodology for determining fees;
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(b) provide a justification for the
methodology in relation to the charging
principles;
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(c) provide a summary of all
representations made under subsection
151(6); and
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(d) identify any parts of the methodology
that differ substantially from those
representations and explain the reasons for
the difference.
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| Notice
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148. (1) Airport operators must give notice
of any proposal to establish or increase a fee.
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| Presumption
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(2) Subject to subsection (3), any change in
the dollar amount or unit of measurement of
the fee is deemed to be the establishment of a
fee.
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| Bringing
aeronautical
fee into effect
|
(3) A notice given after the second calendar
year after the day on which this section comes
into force, or after the airport operator's
becoming subject to the application of this
Part, may provide that an aeronautical fee to
which the notice refers
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(a) may be brought into effect in stages over
a period not greater than three years; or
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(b) may be adjusted within six months after
it is established or revised, by application of
a formula that is set out in the notice and is
consistent with the operator's methodology.
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| Announceme
nt of
adjustment to
fee
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(4) The airport operator must announce an
adjustment in a fee under paragraph (3)(b).
Notwithstanding subsection 153(1), the
adjustment may not be appealed.
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| Deeming
provision
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(5) The continued imposition of a passenger
fee beyond the date for its termination referred
to in subparagraph (7)(a)(iv) resulting from
the expansion of projects within or the
addition of projects to a major capital
program, infrastructure covered by an
agreement referred to in paragraph 50(2)(c) or
a program designated under section 176 is
deemed to be the establishment of a fee if the
expansion or addition increases the capital
costs to a level greater than 110% of the initial
capital costs.
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| Contents
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(6) The notice must
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(a) provide a summary of the proposal;
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(b) provide a justification of the proposal in
relation to the charging principles;
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(c) indicate that further information about
the proposal is available from the airport
operator on request;
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(d) specify that representations about the
proposal may be sent by mail or electronic
means to the airport operator at the address,
and not later than the date, set out in the
notice, which date must not be earlier than
60 days after the notification is published
under subsection 150(5); and
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(e) indicate the date, time and place for
holding the meetings referred to in
subsections 151(2) and (3).
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| Passenger fee
notices
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(7) A notice of a proposal in respect of a
passenger fee must also
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(a) describe the major capital program or
infrastructure covered by an agreement
referred to in paragraph 50(2)(c) for which
the revenues from the fee are to be used and,
in a manner that in the opinion of the airport
operator is reasonable and prudent,
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(i) estimate the capital cost,
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(ii) estimate the time frame for the
construction of projects and the target
date for putting them into use,
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(iii) explain how the fee relates to the
funding of the program, including debt
financing, and
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(iv) describe the circumstances under
which the fee will no longer be required
and estimate when it may be terminated;
or
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(b) in respect of an airport that had fewer
than 400,000 enplaned and deplaned
passengers during each of the three
calendar years before establishing the fee,
identify the purpose for which the revenues
from the fee are to be used if they are to be
used for a purpose other than a major capital
program or infrastructure covered by an
agreement referred to in paragraph 50(2)(c)
at that airport.
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| Prohibition
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(8) Notwithstanding subsection (1), the
airport operator may not, at any time after the
second calendar year after the day on which
this section comes into force or after their
becoming subject to the application of this
Part, give notice of any proposal to establish
or increase a fee if any fee has been declared
by the Agency under subsection 174(2), or is
deemed under section 175, not to be in
compliance with the charging principles.
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| Exception
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(9) Subsection (8) does not apply to a notice
of a proposal to revise a fee in order to bring
it into compliance with the charging
principles.
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| Announceme
nt of fee
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149. (1) After considering all
representations made under subsection
151(6), the airport operator must announce its
decision in respect of the proposal.
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| Contents
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(2) The announcement must
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(a) set out the decision of the airport
operator in respect of the proposal and the
reasons for the decision;
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(b) set out the fee and, in the case of an
aeronautical fee, the date, if any, for it to
take effect;
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(c) provide a summary of all
representations made under subsection
151(6);
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(d) identify any parts of the airport
operator's decision that differ substantially
from those representations and explain the
reasons for the difference; and
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(e) indicate that the fee may be appealed to
the Agency in accordance with sections 153
to 157.
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| Announceme
nt of
passenger fee
|
(3) An announcement in respect of a
passenger fee must also contain the
information referred to in subsection 148(7).
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| Timing of
announcemen
t
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(4) The announcement may not be made
before the closing date for representations
referred to in paragraph 148(6)(d).
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| Announceme
nt of
reduction of
fee
|
(5) The airport operator must announce a
reduction in a fee.
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| Notices and
announcemen
ts
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150. (1) Airport operators must give notices
under subsections 146(1), 148(1) and 176(1)
and section 178 and must make
announcements under subsections 147(1),
148(4) and 149(1) and (5), section 167 and
subsection 172(1) in accordance with this
section.
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| Mail or
electronic
means
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(2) The airport operator must send, by mail
or electronic means, a copy of the notice or
announcement to
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(a) air carriers operating on the airport;
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(b) organizations representing air carriers
operating on the airport;
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(c) in the case of an aeronautical fee, any
tenant on the airport who is subject to the
fee or whose customers are subject to the
fee;
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(d) organizations representing other users
whose members are likely, in the opinion of
the airport operator, to be affected by the
notice or announcement;
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(e) every person who has, at least 10 days
before the notice or announcement is sent,
notified the airport operator of their desire
to receive notices or announcements
respecting fees; and
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(f) in the case of an announcement, every
person who has made representations under
subsection 151(6) in respect of the notice to
which the announcement relates.
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| Internet
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(3) The airport operator must make an
electronic version of the notice or
announcement available on its Internet site, if
it has one.
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| Posting of
passenger fees
in terminal
building
|
(4) The airport operator must also post a
copy of notices and announcements
respecting passenger fees in prominent places
in every air terminal building on the airport.
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| Newspaper
|
(5) The airport operator must then publish
in each daily newspaper published and
circulated in the largest municipality served
by the airport - or, if there is no daily
newspaper, in each weekly newspaper - a
notification indicating that a copy of each
notice or announcement is available on its
Internet site, if it has one, or from the airport
operator on request. In the case of the
establishment or revision of a passenger fee,
the notification must be published at least
twice.
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| Information
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151. (1) Every airport operator must
provide, on request, information that would
reasonably assist any person in understanding
a proposal to establish or revise their
methodology or a fee and in making
representations about the proposal.
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| Meeting with
air carriers
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(2) The airport operator must write to the air
carriers operating on the airport, inviting them
to a meeting to be held at least 30 days before
the closing date for representations referred to
in paragraph 146(2)(d) or 148(6)(d), as the
case may be, to explain the proposal and
answer questions and obtain their views about
it.
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| Public
meeting
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(3) If the proposal is to establish or increase
a passenger fee, the airport operator must also,
at least 30 days before the closing date for
representations, hold a public meeting in order
to explain the proposal, answer questions and
obtain the views of those present at the
meeting about it.
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| Meeting on
methodology
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(4) If the proposal is to establish the
methodology for determining fees and a
carrier operating on the airport requests a
meeting further to the meeting referred to in
subsection (2), the airport operator must invite
the chief executive officer of every air carrier
operating on the airport and other officers to a
meeting, to be held before the closing date for
representations, with the chairperson and
chief executive officer of the airport operator
or, if there is no chairperson or chief executive
officer, with the principal administrator.
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| Minutes
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(5) The airport operator must keep minutes
of meetings held under subsections (2) to (4).
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| Representatio
ns
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(6) Any representations about the proposal
must be sent by mail or by electronic means to
the airport operator at the address, and not
later than the closing date for representations,
referred to in paragraph 146(2)(d) or
148(6)(d), as the case may be.
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| Aeronautical
fee in effect
|
152. (1) An airport operator may not bring
an aeronautical fee into effect before the
expiry of 10 days after the day on which the
operator has met the requirements of
subsection 150(5).
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| Passenger fee
in effect
|
(2) An airport operator may not bring a
passenger fee into effect before the day of the
expiry of the appeal period referred to in
subsection 157(1), if there are no appeals, or
the day that the Agency has dismissed all
appeals in respect of the fee.
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| Notice
|
(3) The airport operator must give notice of
the day on which a fee is to take effect, unless
that day was already announced under section
149, by
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(a) sending a notice to all persons and
organizations referred to in subsection
150(2);
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(b) making a copy of the notice available on
its Internet site, if it has one; and
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(c) in the case of a passenger fee, posting a
copy of the notice in prominent places in
every air terminal building on the airport.
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| Grounds of
appeal
|
153. (1) New or increased fees may be
appealed to the Agency on the ground that the
airport operator has not complied with
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(a) a charging principle; or
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(b) a requirement under any of sections 148
to 152.
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| Exception
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(2) There is no appeal with respect to new
or increased fees that are established after the
coming into force of this section and before
the date of the announcement referred to in
subsection 172(1).
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| Aeronautical
fees
|
154. (1) An aeronautical fee may be
appealed by any user who is subject to it.
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| Passenger fees
|
(2) A passenger fee may be appealed by any
individual or air carrier.
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| Filing of
appeal
|
155. The appellant must file the appeal in
writing with the Agency, setting out the
grounds for appeal, and send a copy to the
airport operator on the day on which it is filed.
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| Limitation
|
156. An appeal on the ground that the
airport operator did not comply with a
charging principle may be made only if
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(a) the appellant has sent a written
representation referred to in paragraph
148(6)(d) on the same issue; or
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(b) the fee announced by the airport
operator under section 149 is higher than
the fee described in the notice for the fee, or
is based on a different unit of measurement.
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| Time limit
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157. (1) Subject to subsections (2) and (3),
the appeal must be made within 30 days after
the day on which the airport operator meets
the requirements of subsection 150(5).
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| No notice
|
(2) If no notice has been given under section
148 but an announcement has been made
under section 149 in respect of a fee, the fee
may be appealed within 180 days after the day
on which the airport operator meets the
requirements of subsection 150(5).
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| No
announcemen
t
|
(3) If no announcement has been made in
accordance with subsections 149(1) to (4) in
respect of a fee, the fee may be appealed at any
time.
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| Filing with
Agency
|
(4) If an appeal is made, the Agency may
require the airport operator to file with the
Agency a copy of every notice and
announcement respecting the fee being
appealed and a list of the persons and
organizations to whom they were sent and to
certify in writing that the requirements of
subsections 150(2) to (5) have been met.
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| Effect of
appeal of
aeronautical
fee
|
158. In the case of an appeal of an
aeronautical fee, the Agency may not make an
order that prevents the fee from taking effect,
or that suspends it, pending the decision of the
appeal.
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| Order -
aeronautical
fees in certain
cases
|
159. (1) In the case of an aeronautical fee
that takes effect pending the decision of the
appeal, if the Agency decides that the airport
operator has not complied with a charging
principle, has given none of the notices, has
made none of the announcements or has not
held a meeting as required by subsection
151(2), the Agency must
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(a) if it is a new fee, order the airport
operator to cancel it and to refund to users
the amounts paid by them; or
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(b) if it is an increased fee, order the airport
operator to cancel it, to re-establish the
previous fee and refund to each user who
paid the fee the amount, if any, collected in
excess of the re-established fee.
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| Order in other
cases
|
(2) In the case of a passenger fee or an
aeronautical fee that does not take effect
pending the decision of the appeal, if the
Agency decides that the airport operator has
not complied with a charging principle, has
given none of the notices, has made none of
the announcements or has not held a meeting
as required by subsection 151(2) or (3), the
Agency must order that the proposal to
increase the fee be cancelled or, if it is a new
fee, that the fee be cancelled.
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| Discretion of
Agency
|
(3) If the Agency decides that a requirement
in sections 148 to 152 has not been complied
with in respect of a new or increased fee, the
Agency may make any order that it considers
appropriate in the circumstances, having
regard to the seriousness of the
non-compliance.
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| Manner of
refund
|
(4) If the airport operator is ordered to
refund an amount, it may do so by way of
credit or payment to the user.
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| Crediting
amounts
|
(5) Each time a user who is entitled to a
refund under an order of the Agency is charged
by the airport operator, the airport operator
must credit the user with the full amount of the
charge until the entire amount owing to the
user is refunded.
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| Six-month
maximum
|
(6) The airport operator must refund the
entire amount owing to each user within six
months after the date of the Agency's order.
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| Notice to
Agency
|
(7) The airport operator must send the
Agency a notice as soon as the entire amount
owing has been refunded.
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| Joining of
appeals
|
160. The Agency may join two or more
appeals.
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