Non-Canadian Air Carrier Licence Application Guide

Table of contents

What is this guide for?

This guide is intended to help non-Canadian applicants successfully apply for a scheduled international or a non-scheduled international licence.

What constitutes a complete application?

The following documents must be provided as part of the licence application.

Mandatory
Application form for non-Canadian applicants completed; along with all required supporting documents.
Canadian aviation document (e.g. Canadian Foreign Air Operator Certificate)
Certificates of Insurance and Endorsement
If applicable
Designation from the applicant's home country (for scheduled international services only)

Note: Applicants that do not currently hold an Agency licence may file these documents after having submitted their initial application form. In the meantime, the Agency will process the other components of the application. The licence will only be issued once the applicant meets all requirements.

Part 1: Before applying

Relevant legislation and regulations

The issuance of a licence by the Canadian Transportation Agency (Agency) and the operation of air services are governed by the following:

You are encouraged to become familiar with these acts and regulations.

Should there be any discrepancy between what is contained in this document and what is contained in the CTA and the ATR, the CTA and the ATR shall prevail.

Do I need a licence?

Under most circumstances, a carrier must hold a licence to operate an air service.

You are encouraged to become familiar with these acts and regulations.

An air service is a service provided by means of an aircraft that is publicly available for the transportation of passengers or goods, or both.

Additional information on what constitutes an air service can be found in the Agency's Notice to Industry: Criteria to Determine What Constitutes an Air Service.

Note that the following air services are excluded from licensing requirements (subsection 3(1) of the ATR and subsection 56(1) of the CTA):

  • aerial advertising services
  • aerial fire-fighting services
  • aerial survey services
  • aerial reconnaissance services
  • aerial sightseeing services
  • aerial spreading services
  • aerial weather altering services
  • air cushion vehicle services
  • air flight training services
  • aerial inspection services
  • aerial construction services
  • aerial photography services
  • aircraft demonstration services
  • external helitransport services
  • glider towing services
  • hot air balloon services
  • parachute jumping services
  • transportation services for the retrieval of human organs for human transplants
  • rocket launching
  • aerial spraying services
  • aerial forest fire management services
  • a person that uses aircraft on behalf of the Canadian Armed Forces or any other armed forces cooperating with the Canadian Armed Forces

Carriers operating air services that are excluded from the licensing requirement are still required to comply with the requirements of the Aeronautics Act, as administered by Transport Canada.

Confidential information

All commercial information that is filed with the Agency will be treated as confidential.

A licence is required to sell an air service

Section 59 of the CTA prohibits any person from selling, causing to be sold or publicly offering for sale in Canada an air service without holding a licence.

If there has been a contravention of section 59 of the CTA, the Agency may, under section 79 of the CTA, refuse to issue a licence for a period not exceeding 12 months.

Applicants for a licence to operate an air service must not have contravened section 59 in the preceding 12 months, and must undertake to not contravene section 59 until a licence is issued (see Authorized officer statement).

Meeting the requirements

Canadian aviation document (Canadian Foreign Air Operator Certificate)

Applicants for a licence to operate a scheduled international or a non-scheduled international service must hold a Canadian aviation document valid for the service(s) to be provided under the licence(s).

A Canadian aviation document is usually in the form of a Canadian Foreign Air Operator Certificate (CFAOC) issued by Transport Canada.

For information regarding requirements and procedures to be followed when applying for a Canadian Foreign Air Operator Certificate, contact Transport Canada by telephone at 613-990-1100 or email at foa-aoe@tc.gc.ca.

Certificate of insurance

Applicants must have the prescribed liability insurance coverage for the service(s) to be provided under the licence(s). In this regard, applicants must file a certificate of insurance as well as a certificate of endorsement.

Equivalent licence

Applicants must hold a document issued by their government, in respect of the service(s) to be provided under the document, equivalent to the licence(s) for which the application is being made.

Designation

Non-Canadian applicants for a scheduled international licence (other than for scheduled international services between Canada and the United States of America or the European Union) must provide evidence that they have been designated by the government of their home country or an agent of that government as eligible to hold such a licence.

Part 2 – Instructions on filling out the licence application form

Language

Applications and supporting documents must be submitted in either English or French. All documents filed in another language must be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation.

Completing the form

This form allows you to enter the required information and to save it to your records. Additional details are provided for what is required when you place the computer cursor over the fields.

Section A: Classes of service

Classification of service

  • Scheduled international service is an international service that is a scheduled service pursuant to an agreement or arrangement to which Canada is a party (see bilateral agreements). In the absence of an agreement, the Minister of Transport may determine that an international service is a scheduled international service (section 70 of the CTA)
  • Non-scheduled international service is an international service other than a scheduled international service.

Applicants that propose to operate an international air service on a scheduled basis from a country that has no agreement with Canada must apply in accordance with the Guidelines Respecting Extra-Bilateral Air Service Application to the Agency. 

Section B: Proposed aircraft

Provide the following details for the aircraft to be used:

  1. make / model (e.g., Airbus A-300)
  2. Certificated maximum carrying capacity

Section C: Applicant information

Legal name and business structure

This section gathers general information about the applicant, including its business structure.

Applicants are required to specify whether the applicant is a:

Corporation
An incorporated business authorized by the jurisdiction where it was incorporated.
Limited partnership
A partnership in which there is at least one general partner (unlimited liability) and at least one limited partner whose liability is limited to the amount of money the limited partner has invested.
Partnership
An unincorporated business wherein two or more individuals, corporations, trusts or partnerships join together to carry on a trade or business.
Sole proprietorship
An unincorporated business entirely owned by one person. Also referred to as a proprietorship.
Other
Any other business form not listed above (must be specified).

The legal name must correspond exactly with the name indicated on the incorporation/formation documents of the business enterprise, where applicable.

The legal name must also correspond with the name indicated on all documents supporting this application, including:

Trade name

Paragraph 18(c) of the ATR states:

[The licensee] shall not operate an international service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

If applicable, list all trade names under which the applicant intends to operate its international air service(s).

Section D: Applicant contact information

Head office

List the contact information for the head office of the applicant.

If the contact person for the purposes of this application differs from the contact person at the head office, indicate the name, title, email address, telephone number and fax number for an individual the Agency may contact.

Section 84 of the CTA states that licensees must have a place of business or an agent in Canada.

84. (1): a licensee who has an agent in Canada shall, in writing, provide the Agency with the agent’s name and address.

84. (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.

If the applicant has a place of business in Canada:

  • select the appropriate box and enter the address of the principle place of business in Canada;
  • enter the contact person information at that location.

If the applicant has an agent in Canada:

  • select the appropriate box and enter the firm / company name of the agent in "Agent name";
  • enter the contact information and address of the agent in Canada.

Note: If this information is not available at the time of the filling of this application, the carrier must comply with section 84 of the CTA once licensed.

Section E: Supporting documents

The list of required supporting documents is generated automatically by the form, based on the information entered by the applicant. The applicant must confirm within the form that each of the required supporting documents is included with the application. 

  1. Canadian Foreign Air Operator Certificate valid for the proposed service(s)
  2. Certificate of Insurance valid for the proposed service(s)
  3. Certificate of Endorsement
  4. Document issued by the applicant's government, in regard of the service(s) to be provided under the document, equivalent to the licence(s) for which the application is being made
  5. Incorporation/formation document of the business enterprise
  6. Non-Canadian applicants for a scheduled international licence (other than for scheduled international services between Canada and the United States of America or the European Union) must provide evidence that they have been designated by the government of their home country or an agent of that government as eligible to hold such a licence.

Section F: Authorized officer statement

An authorized officer of the applicant must ensure that:

  1. The information and documentation in the application are accurate and true.
  2. The applicant has not, in the past 12 months, contravened section 59 of the CTA  in respect of the applied for air service [if the applicant has contravened this provision, it must provide an explanation and substantiate why the Agency should not exercise its discretionary power to refuse to issue the applied for licence(s)].
  3. The applicant will not contravene section 59 of the CTA prior to the issuance of the licence.

The Agency may, by notice, require that a person provide verification of the contents of all or any part of a document by affidavit or by witnessed statement.

An authorized officer is considered:

  • an officer of the corporation duly authorized to execute such documents under seal, if any, on behalf of the corporation, if a corporation;
  • the proprietor, if a proprietorship (i.e. an individual);
  • a member, if a limited liability company; or
  • a partner, if a partnership.

Penalties for making false or misleading statements

The CTA states the following:

173. (1) No person shall knowingly make any false or misleading statement or knowingly provide false or misleading information to the Agency or the Minister or to any person acting on behalf of the Agency or the Minister in connection with any matter under this Act.

174. Every person who contravenes a provision of this Act or a regulation or order made under this Act, other than an order made under section 47, is guilty of an offence punishable on summary conviction and liable

a) in the case of an individual, to a fine not exceeding $5,000; and
b) in the case of a corporation, to a fine not exceeding $25,000.

Section G: Filing instructions

Submit the application, along with all supporting documentation, to the Agency by email at licence@otc-cta.gc.ca

If your submission contains large files or sensitive information that you do not wish to send via email, please contact us at licence@otc-cta.gc.ca. We will promptly make arrangements to allow for easy electronic transmission through secured channels. All sensitive or confidential information or documents should be clearly marked as such.

A licence will only be issued once the applicant has complied with all of the requirements.

What happens next?

The Agency’s service standards is to issue new licences within seven business days once the application is determined to be complete.

Getting help

Questions concerning the licensing requirements described in this guide may be addressed to one of the case officers, Air Licensing and Charters Division.

Forms

Part 3 – Now that you are licensed

A. Requirements before commencing operations

Congratulations on getting your licence(s)! With your new authority comes certain responsibilities. Before commencing an air service, you need to complete the following actions (if you haven’t already):

Place of business or agent in Canada 

Section 84 of the CTA requires licensees to have a place of business or an agent in Canada. If you don't have a place of business in Canada, you must appoint an agent located in Canada. If you already have a place of business or an agent, you need to provide the Agency with the contact person's name, address, email, and phone number.

Tariffs and Service schedules

All licensees must:

Licensees must file appropriate tariffs with the Agency, which must be in effect prior to commencing air services. The Agency has made available sample tariffs and signage templates to help licensees meet with these requirements. Learn more about tariffs and related requirements.

Additionally, licensees operating scheduled international services are required to file a service schedule with the Agency, including code share flights, at least 10 days before starting an air service. To help licensees meet with this obligation, the Agency has made available a service schedule template.

For additional information or assistance on tariffs and service schedules, contact the Agency’s Tariffs and Research Division.

All-inclusive air price advertising

Licensees advertising prices for air services within or originating in Canada must follow the rules on all-inclusive air price advertising set by the Agency in the Air Passenger Protection Regulations.

NOTE: If you fail to complete any of the required actions before starting operations, you may receive a Notice of Violation from the Agency's Designated Enforcement Officers (DEOs). Learn more about the Agency’s Monitoring and Enforcement program.

B. Additional ongoing requirements during operations

Air Passenger Protections

Licensees operating scheduled flights, or charter flights on which one or more seats are for resale to the public, to or from Canada, including connecting flights, must comply with the Air Passenger Protection Regulations (APPR). These regulations set the minimum requirements for:

  • clear communications
  • denied boarding
  • tarmac delays
  • flight disruptions
  • seating of children
  • baggage
  • transportation of musical instruments
  • compensation for passengers in certain situations.

Charter Flights

Licensees operating international charter flights to or from Canada, carrying either passengers or goods, or both, must:

  • apply to the agency for a permit, if applicable;
  • notify the agency in advance, if applicable; or
  • if eligible and applicable, submit a monthly report for all transborder (USA / Canada) flights operated in a given month.

For more details on charter flight obligations, refer to the International Air Charters Guide or contact the Licensing and Charters team.

Renewal of Licence(s)

While a licence itself does not expire, certain requirements such as the Certificates of Insurance and Endorsement or the Canadian Aviation Document may have expiration dates that affect the licence’s validity.

NOTE: Licensees must always demonstrate full compliance with the requirements to hold a licence. If you fail to submit a valid insurance certificate or Canadian aviation document before the expiry of the one on file with the Agency, your licence(s) may be suspended or cancelled and enforcement actions may be initiated.

Provision of aircraft with flight crew

If you wish to operate flight(s) using all or part of an aircraft, with a flight crew provided by another person, or if you wish to provide an aircraft with a flight crew to another licensee for their air service, you may need to apply to the Agency for approval before operating.

For more details on wet-lease arrangements and requirements, refer to the Wet-Lease Approval Guide or contact the Manager, International Agreements Division.

Maintaining your licence in good standing

It is your responsibility to keep your authorizations up to date and accurate. Licensees must notify the Agency immediately, if:

  • your insurance coverage for the licensed air service(s) is cancelled or is changed
  • your operations are changing thus affecting your liability insurance coverage for the licensed air service(s)
  • you receive a revised or amended canadian aviation document
  • you change your legal or trade name(s)
  • your company is sold
  • you anticipate a corporate restructuring
  • your contact information or contact-person changes.

NOTE: Failure to do so may lead to the suspension or cancellation of your licence(s), or initiation of enforcement actions.

Accessibility Provisions

Licensees with 10 or more employees must comply with the provisions of the Accessible Transportation Planning and Reporting Regulations.

Licensees who have transported a worldwide total of 1,000,000 passengers or more during each of the two preceding calendar years are subject to the Accessible Transportation for Persons with Disabilities Regulations.

Learn more about Accessible Transportation.

C. Important information for Licence holders

Licence(s) cannot be transferred

Section 58 of the CTA provides that a licence for the operation of an air service is not transferable.

In the event of corporate or business changes, including the sale of the business, the Manager, Licensing and charters should be contacted before proceeding with such changes in order to determine the impact on your licence(s).

D. Other Government of Canada reporting requirements

Border Services requirements

Licensees must contact the Canada Border Services Agency (CBSA) regarding their obligations when bringing passengers or cargo to Canada.

Providing advance information

Licensees must electronically provide advance information to the CBSA about:

  • importation of all goods (whether or not company owned); and
  • passengers and crew / personnel (including crew / personnel of another air carrier) being carried in.

The advance information must be submitted before arrival, as required by the Advance Commercial Information (ACI) and the Advance Passenger Information / Passenger Name Record (API/PNR) policies. These policies are part of the Reporting of Imported Goods Regulations, the Immigration and Refugee Protection Regulations and the Advance Passenger (Customs) Regulations. Additional information about the concerned commercial carriers, advance commercial information and advance passenger information / passenger name records is available on the CBSA website.

Obligations under the Immigration and Refugee Protection Act

Licensees have obligations under the Immigration and Refugee Protection Act. They may need to deposit security to guarantee payment of any amounts they might owe. See the Guide for Transporters for more information.

When arriving at the airport

Upon arrival at the airport of entry (AOE) in Canada, licensees must ensure that all passengers and crew onboard the aircraft report to the CBSA for processing and clearance, as required by the Customs Act and the Immigration and Refugee Protection Act.

For non-scheduled charter flights to Canada, in addition to the requirements stated above, the pilot or operator must also contact the CBSA office at the AOE to request clearance prior to arrival. This ensures Border Services Officers at the AOE are aware of the arrival and can process and clear the flight promptly. For more information on requesting charter access to airports, refer to CBSA’s Memo D2-5-1, Charter Access to Airports.

For further information, you may contact the CBSA at the following numbers:

From Canada
1-800-461-9999
From outside Canada
204-983-3500 or 506-636-5064

Statistical reporting

Licensees providing international services to / from or within Canada must report certain operational data to the Government of Canada, as required by regulations under section 50 of the CTA. This reporting is done through Transport Canada’s Electronic Collection of Air Transportation Statistics (ECATS) program.

To join ECATS, contact the ECATS Program Office 30 days before commencing operations to / from Canada:

Transport Canada – ECATS
Telephone : 613-991-5835
Email : ecats@tc.gc.ca

Additional useful contacts for licensees

Transport Canada (TC):

Canadian Food Inspection Agency (CFIA):

Publication information

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