Determination No. A-2022-44

INTRODUCTION

[1] IATA has applied to the Canadian Transportation Agency (Agency) for an exemption from the routing requirements set out in section 132 of the ATR to allow IATA’s participating air carriers to use its electronic online database, The Air Cargo Tariff and Rules (TACT), as an official cargo tariff-filing system.

[2] Pursuant to section 132 of the ATR, all tariffs shall show the routing in respect of each applicable toll.

BACKGROUND

[3] By Order 2015-A-60, the Agency exempted IATA from the application of certain provisions of the ATR. This exemption allowed IATA to be considered the tariff-filing agent of those air carriers that used its TACT paper manual system as their official international scheduled cargo tariffs filed with the Agency.

[4] As of June 2021, IATA stopped publishing the TACT manuals in hardcopy format. The last paper publication is presently the participating carriers’ official tariff. IATA would like to replace its TACT manuals with its TACT online database; however, the online tariff-filing system does not have the ability to publish routing information for tolls.

ANALYSIS

[5] Paragraph 80(1)(c) of the Canada Transportation Act, SC 1996, c 10 (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.

[6] IATA states that the filing of routing information for the transportation of cargo is not a standard component of the contract of carriage. It adds that the conditions of transport indicate the appropriate handling and carriage of the cargo between two airports, regardless of the routing.

[7] According to IATA, the TACT online database will be used for the publication of participating air carriers’ rates and rules.

[8] IATA assures the Agency that the TACT online database will reflect all of the obligations that are set out in the ATR with respect to the form and content of the tariffs, except for the routing information.

CONCLUSION

[9] The Agency finds that compliance by IATA and its participating carriers with subsections 132(1), 132(2), 132(3) and 132(4) of the ATR is unnecessary in this case.

[10] Therefore, the Agency, pursuant to paragraph 80(1)(c) of the CTA, exempts IATA from the application of subsections 132(1), 132(2), 132(3) and 132(4) of the ATR. This exemption specifically applies to the TACT online database. If there are any changes made to the format or presentation of the information in the TACT online database, IATA must promptly notify the Agency of the change.

ORDER

[11] Accordingly, the Agency orders IATA to place the following notice at the beginning of its TACT online database, which communicates to carriers that the Agency will recognize the TACT online database as the means to file official tariffs with the Agency:

The aeronautical authority for Canada, the Canadian Transportation Agency (Agency), pursuant to Determination No. A-2022-44, exempts the International Air Transport Association (IATA) and its participating air carriers from the application of subsections 132(1), 132(2), 132(3) and 132(4) of the Air Transportation Regulations, SOR/88-58 (ATR) regarding the filing of routing information in air carriers’ cargo tariffs. This exemption allows for the tariff information that is submitted and published in The Air Cargo Tariff and Rules (TACT) online database to meet the tariff-filing requirements of the ATR. Air carriers that intend to file and publish their Canadian cargo tariffs in the TACT online database must make arrangements with IATA (by way of powers of attorney and general concurrence filed with the Agency) for it to be a tariff-filing agent on their behalf.