How to file an air tariff with the Agency
Who needs to file a tariff?
Air carriers, whether they be licencees or non-licencees, must file a tariff if they:
- offer and/or sell international services to and from Canada; or
- take part in joint transportation to or from Canada (including code shares).
As part of the licensing process, carriers must have their tariffs on file and in effect with the Agency.
Domestic tariffs, for transportation between points within Canada, do not need to be filed. But, a carrier must have a tariff and retain a copy of it at its business offices.
What needs to be filed?
Carriers, both licenced and non-licenced, that provide service to or from Canada must file their fares, rates, charges and terms and conditions of carriage.
Canada has concluded air transport agreements or arrangements with approximately 110 countries. Each air transport agreement addresses tariff issues in some manner. Certain air transport agreements do not require carriers designated under those agreements to file their fares, rates and charges with the Agency.
These agreements only apply to the designated airlines serving those markets. Carriers designated under an agreement are still required to file tariffs containing general terms and conditions including, for information purposes, those charges which are broadly applicable and not directly related to a fare. Carriers must keep their tariffs on file with the Agency up to date with respect to the current level of charges which are reflected in those tariffs.
What are the timeframes for filing?
Carriers must file a tariff (or an amendment to a tariff) at least 45 days before it comes into force.
If an air transport agreement exists between Canada and another country, it may set out shorter timeframes for filing.
The Agency may allow carriers to file tariffs on less than the required notice. Requests can be made by contacting the Agency directly or through a carrier’s publishing agent.
How are tariffs filed?
However, carriers may prefer to file their fares, rates, charges and terms and conditions of carriage separately through a publishing agent.
Can air carriers have the same tariff for domestic and international services?
Yes. Air carriers are not required to have distinct domestic and international tariffs.
However, this is not recommended as carriers must follow the different filing requirements that apply to domestic and international tariffs. By combining these two tariffs, carriers lose the flexibility that is inherent in not filing the domestic tariff with the Agency.