Bill C-14
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Licence for Non-scheduled International Service |
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Issue of
licence
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73. (1) Subject to any directions issued to
the Agency under section 76, on application to
the Agency and on payment of the specified
fee, the Agency shall issue a licence to operate
a non-scheduled international service to the
applicant if
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Non- Canadian applicant
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(2) Subject to any directions issued to the
Agency under section 76, on application to the
Agency and on payment of the specified fee,
the Agency may issue a non-scheduled
international licence to a non-Canadian
applicant if the applicant establishes in the
application to the satisfaction of the Agency
that the applicant
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Terms and
conditions of
non- scheduled international licence
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74. (1) Subject to any directions issued to
the Agency under section 76, the Agency may,
on the issuance of a non-scheduled
international licence or from time to time
thereafter, make the licence subject, in
addition to any terms and conditions
prescribed in respect of the licence, to such
terms and conditions as the Agency deems
appropriate, including terms and conditions
respecting points or areas to be served, size
and type of aircraft to be operated, schedules,
places of call, tariffs, fares, rates and charges,
insurance, carriage of passengers and, subject
to the Canada Post Corporation Act, carriage
of goods.
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Compliance
with terms
and
conditions
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(2) The holder of a non-scheduled
international licence shall comply with every
term and condition to which the licence is
subject.
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Mandatory
suspension or
cancellation
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75. (1) The Agency shall suspend or cancel
a non-scheduled international licence where
the Agency determines that, in respect of the
service for which the licence was issued, the
licensee ceases to meet any of the
requirements of
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Discretionary
suspension or
cancellation
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(2) The Agency may suspend or cancel a
non-scheduled international licence
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Reinstate- ment condition
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(3) The Agency shall not reinstate the
non-scheduled international licence of a
Canadian that has been suspended for sixty
days or longer unless the Canadian establishes
to the satisfaction of the Agency that the
Canadian meets the prescribed financial
requirements.
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Ministerial Directions for International Service |
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Minister may
issue
directions
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76. (1) Where the Minister determines that
it is necessary or advisable to provide
direction to the Agency in respect of the
exercise of any of its powers or the
performance of any of its duties or functions
under this Part relating to international
service,
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the Minister may, subject to subsection (3),
issue to the Agency directions that,
notwithstanding any other provision of this
Part, are binding on, and shall be complied
with by, the Agency in the exercise of its
powers or the performance of its duties or
functions under this Part relating to
international service.
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Nature of
directions
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(2) Directions issued under subsection (1)
may relate to
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Concurrence
required for
certain
directions
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(3) A direction by the Minister relating to a
matter referred to in paragraph (1)(c), (d) or
(e) may be issued only with the concurrence of
the Minister of Foreign Affairs.
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Duties and Powers of Agency |
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Duties and
functions of
Agency under
international
agreements,
etc.
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77. Where the Agency is identified as the
aeronautical authority for Canada under an
international agreement, convention or
arrangement respecting civil aviation to
which Canada is a party, or is directed by the
Minister to perform any duty or function of the
Minister pursuant to any such agreement,
convention or arrangement, the Agency shall
act as the aeronautical authority for Canada or
perform the duty or function in accordance
with the agreement, convention, arrangement
or direction, as the case may be.
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Agency
powers
qualified by
certain
agreements,
etc.
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78. (1) Subject to any directions issued to
the Agency under section 76, the powers
conferred on the Agency by this Part shall be
exercised in accordance with any
international agreement, convention or
arrangement relating to civil aviation to which
Canada is a party.
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Variations
from
agreements,
etc.
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(2) Notwithstanding subsection (1) and
subject to any directions issued to the Agency
under section 76, the Agency may issue a
licence or suspend a licence, or vary the terms
and conditions of a licence, on a temporary
basis for international air services that are not
permitted in an agreement, convention or
arrangement relating to civil aviation to which
Canada is a party.
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Agency may
refuse
licence -
individuals
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79. (1) Where the Agency has suspended or
cancelled the licence of an individual under
this Part or where an individual has
contravened section 59, the Agency may, for
a period not exceeding twelve months after the
date of the suspension, cancellation or
contravention, refuse to issue a licence in
respect of an air service to the individual or to
any corporation of which the individual is a
principal.
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Agency may
refuse
licence -
corporations
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(2) Where the Agency has suspended or
cancelled the licence of a corporation under
this Part or where a corporation has
contravened section 59, the Agency may, for
a period not exceeding twelve months after the
date of the suspension, cancellation or
contravention, refuse to issue a licence in
respect of an air service to
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Exemption
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80. (1) The Agency may, by order, on such
terms and conditions as it deems appropriate,
exempt a person from the application of any of
the provisions of this Part or of a regulation or
order made under this Part where the Agency
is of the opinion that
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Exemption
not to provide
certain relief
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(2) No exemption shall be granted under
subsection (1) that has the effect of relieving
a person from any provision of this Part that
requires a person to be a Canadian and to have
a Canadian aviation document and prescribed
liability insurance coverage in respect of an
air service.
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Inquiry into
licensing
matters
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81. For the purposes of ensuring
compliance with this Part, the Agency may
inquire into any matter for which a licence,
permit or other document is required under
this Part.
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Licensee to
provide
notification
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82. Every licensee shall notify the Agency
without delay, in writing, if
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Disclosure of
information
required
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83. A licensee shall, at the request of the
Agency, provide the Agency with information
or documents available to the licensee that
relate to any complaint under review or any
investigation being conducted by the Agency
under this Part.
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Notification
of agent
required
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84. (1) A licensee who has an agent in
Canada shall, in writing, provide the Agency
with the agent's name and address.
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Appointment
and notice of
agent
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(2) A licensee who does not have a place of
business or an agent in Canada shall appoint
an agent who has a place of business in Canada
and, in writing, provide the Agency with the
agent's name and address.
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Notice of
change of
address
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85. Where the address of a licensee's
principal place of business in Canada or the
name or address of the licensee's agent in
Canada is changed, the licensee shall notify
the Agency in writing of the change without
delay.
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Regulations |
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Regulations
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86. (1) The Agency may make regulations
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Exclusion not
to provide
certain relief
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(2) No regulation shall be made under
paragraph (1)(l) that has the effect of relieving
a person from any provision of this Part that
requires a person to be a Canadian and to have
a Canadian aviation document and prescribed
liability insurance coverage in respect of an
air service.
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Regulations
and orders
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(3) A regulation or order made under this
Part may be conditional or unconditional or
qualified or unqualified and may be general or
restricted to a specific area, person or thing or
group or class of persons or things.
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