Order No. 2015-A-60

INTRODUCTION

The International Air Transport Association (IATA) has applied to the Canadian Transportation Agency (Agency) for the above exemptions to allow IATA to file The Air Cargo Tariff manuals (TACT manuals). IATA also requests that these be considered international scheduled cargo tariffs for IATA member carriers who participate in the TACT publications.

BACKGROUND

Historically, the Agency has accepted two means of filing international cargo tariffs either:

1. via the Airline Tariff Publishing Company (ATPCo); or,
2. via paper tariffs submitted directly to the Agency.

Many international scheduled cargo tariffs were filed via ATPCo, however, effective December 31, 2012, ATPCo no longer acts as an agent to file cargo tariffs.

APPLICATION

IATA states that the granting of its application would replace the services once offered by ATPCo and provide a new means for carriers to file their cargo tariffs with the Agency.

The IATA TACT publications are quarterly publications that reflect the rates and rules of cargo carriers. These publications do not resemble the typical style and format of a tariff that is required by the Air Transportation Regulations (ATR) and has been accepted for filing. Furthermore, IATA indicates that the TACT publications are simply a means to reflect the appropriate rates and rules and that IATA does not establish the information contained within the manuals, participating carriers do this themselves. IATA states that should any ruling be imposed by the Agency on a carrier that uses the TACT manuals as its filed tariff, IATA may only guarantee that it shall use its best reasonable efforts to implement the process to modify these rates or rules in its TACT publication. Such edits may however be subject to logistical and time constraints.

ANALYSIS AND FINDINGS

Paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) provides that the Agency may exempt a person from the application of provisions of the ATR where the Agency is of the opinion that compliance with the provision by the person is unnecessary, undesirable or impractical.

The Agency has considered the application and finds that compliance by IATA with subsections 110(1), 114(5), 114(6), 115(1) and 120(2) of the ATR is impractical in this case. Accordingly, to facilitate a filing mechanism for cargo tariffs, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts IATA from the application of subsections 110(1), 114(5), 114(6), 115(1) and 120(2) of the ATR. This exemption specifically applies to the TACT paper manuals. If, in the future, there are any changes made to the format of the TACT paper manuals or they are replaced with another medium (e.g. electronic manuals), IATA may be required to apply to the Agency for another exemption.

Accordingly, IATA is required to place the following notice at the beginning of its TACT manuals, which communicates to carriers that the Agency will recognize the TACT paper manuals as official tariffs filed with the Agency:

The aeronautical authority for Canada, the Canadian Transportation Agency, pursuant to Order No. 2015-A-60, granted exemptions to the International Air Transport Association. The exemptions allow for the filing of TACT paper manuals to meet the tariff filing requirements of the ATR.

Carriers that are currently participating in and applying the ATPCo tariffs presently on file with the Agency must, in lieu of these tariffs, indicate:

• their intent to participate in the newly recognized TACT manuals which will be filed with the Agency by virtue of carriers making arrangements with IATA (by way of powers of attorney and general concurrence filed with the Agency) for it to be a filing agent on their behalf; or,
• their intent to file an in-house cargo tariff directly with the Agency; or,
• that they do not offer cargo services to/from Canada.

Carriers must comply with the above requirement by July 13, 2015. Failure to do so may result in further action taken by the Agency.