Important notice - Determination A-2026-31

Certain exemptions from tariff obligations have been provided to all air carriers regarding their tolls (fares, rates and charges)

On February 25, 2026, the Canadian Transportation Agency (Agency) in Determination A-2026-31 granted all air carriers exemptions in respect to:

  • (i) the filing of tolls with the Agency for international services; and,
  • (ii) the publication of tolls on air carriers’ websites for domestic services.

In that same Determination, the Agency denied a request for exemption from the requirement for air carriers to set out tolls in their tariffs for both domestic and international services; recognizing this obligation as important for consumers and for the Agency to exercise its regulatory authorities. Air carriers will therefore continue to be required to maintain a tolls tariff.

This Determination applies to all air carriers providing passenger and cargo transportation for domestic services and international services.

The Determination does not exempt air carriers from the requirements to:

  • have a tariff and to maintain it, including any fares, rates, or charges and any supporting terms and conditions, consistent with Part V, Division I (applicable to domestic services) and Division II (applicable to international services) of the ATR;
  • apply the tolls set out in their tariffs to their air services;
  • allow for the public inspection of air carriers’ tariffs, including their tolls, pursuant to paragraph 67(1)(a) of the CTA and section 116 of the ATR; and
  • file with the Agency their terms and conditions of carriage for international services as set out in their tariff, in the manner required by Part V, Division II of the ATR

What has changed for air carriers?

Outcomes of the Determination:

Terms and Conditions

Comparison of terms and conditions requirements for domestic and international passenger and cargo services before and after the Determination.
Service type Prior to Determination: Outcome of Determination
Domestic Services: Passenger & Cargo
  • Must be set out and maintained in a tariff
  • Not required to be filed with the Agency, but must be made available on request. Air carriers maintain their terms and conditions in tariffs in-house or through a tariff publishing agent of their choice.
  • Terms and conditions must be published online on a carrier’s website for a period of three years after they are no longer in effect.
  • No changes to requirements
International Services: Passenger & Cargo
  • Must be set out and maintained in a tariff
  • Required to be filed with the Agency, in keeping with the prescribed information set out in the ATR, by one of two methods; either:
    • Directly with the Agency
    • OR; Via a tariff publishing agent to the Agency
      • (e.g. ATPCO), for passenger services
      • (e.g. IATA - The Air Cargo Tariffs and Rules (TACT), for cargo services
  • Terms and conditions which are currently in effect must be posted online on a carrier’s website.
  • No changes to requirements

Tolls (Fares, Rates & Charges)

Comparison of tolls requirements for domestic and international passenger and cargo services before and after the Determination.
Service type Prior to Determination: Outcome of Determination
Domestic Services: Passenger & Cargo
  • Must be set out and maintained in a tariff
  • Not required to be filed with the Agency, but must be made available on request.
  • Air carriers maintain their tolls in tariffs in-house or with a tariff publishing agent of their choice
  • Tolls must be published online on a carrier’s website for a period of three years even if tolls are no longer in effect.
  • Continue to set out tolls in a tariff.
  • Ancillary charges, such as baggage fees, seat selection charges, fuel surcharges are not required to appear in terms and conditions, but can instead be set out in a separate tolls tariff.
  • Not required to be filed with the Agency but must be made available on request.
  • Not required to be posted online on a carrier’s website, but required to maintain toll records for 3 years after they cease to have effect.
International Services: Passenger & Cargo
  • Must be set out and maintained in a tariff
  • Required to be filed with the Agency, subject to the terms of an applicable Air Transportation Agreement (ATA), by one of two methods; either:
    • Directly with the Agency, OR
    • Via a tariff publishing agent:
      • ATPCO for passenger services
      • IATA - The Air Cargo Tariffs and Rules (TACT), for cargo services
 Outcome of Determination:
  • Continue to set out tolls in a tariff.
  • Ancillary charges, such as baggage fees, seat selection charges, fuel surcharges are not required to appear in terms and conditions, but can instead be set out in a separate tolls tariff.
  • Not required to be filed with the Agency but must be made available on request.

Implementation of Determination:

Air carriers must continue to establish and maintain their tolls within a tariff before those tolls can be offered and sold to the public. The Determination could impact air carriers’ decision making in terms of where they will maintain and record their tolls. Air carriers may be required to take administrative steps to restructure how their tolls records are saved.

  • Separate tariffs can be established, one for an air carrier’s terms and conditions, and one for its tolls. Two separate CTA(A) identifying tariff numbers must be assigned to the respective resulting tariffs.
  • Changes made to the carrier’s existing tariff to create a separate tolls tariff and a separate terms and conditions tariff must be documented by the air carrier. The resulting separate tolls tariff and terms and conditions tariff must be cross referenced to communicate where this information resides.

The Agency recognizes that an air carrier’s tolls tariff may be maintained in an air carrier’s own in-house pricing systems or through a tariff publishing agent’s system on their behalf.

What are the Next Steps for Air Carriers?

  • Going forward, an air carrier must decide whether it will continue to maintain its tolls, in a single tariff along with the air carrier’s governing terms and conditions OR in two separate tariffs, a tolls tariff setting out a carriers fares, rates and charges, and a terms and conditions tariff, setting out the air carrier’s governing rules. A statement of where the carrier’s tolls reside must be included in every air carrier’s terms and conditions tariff.
  • Tariff publishing agents like ATPCO and IATA TACT must update their tariff publishing systems to account for the ability to no longer file tolls with the Agency. These systems will cease the filing of tolls with the Agency at a date to be determined, but will continue to function as tariff publishing systems for those air carriers who choose to use the services of a tariff publishing agent for the purpose of publishing their tariffs, including their tolls, in those systems.
  • In the case of its international services, if the air carrier chooses to change where they currently maintain their terms and conditions and/or their tolls, the air carrier must inform the Agency and complete additional supporting tariff documentation to record the change, such as, preparing cancellation supplements, general concurrences, powers of attorney or revocation of powers of attorney and/or filing advices. Any existing tariff publishing agents must also be informed of the changes accordingly.

The Sample Tariff has been updated to provide carriers with tariff language which communicates where its tolls are being maintained and housed. Air carriers may use this language to help them make modifications to their own tariffs.

For more information, please consult our FAQ, Notice to Industry and Determination A-2026-31

Failure to provide information of where toll information is being stored and maintained may result in enforcement action.

Contact information

For further information, or if you have any questions about this requirement, please send an email to: DTR-TRD@otc-cta.gc.ca

Date modified: