Government Airport Concession Operations Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-79-373/FullText.html

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Government Airport Concession Operations Regulations

SOR/79-373DEPARTMENT OF TRANSPORT ACT
Registration 1979-04-27
Regulations Respecting the Control of Commercial and Other Operations at Government Airports
P.C. 1979-1332 1979-04-25His Excellency the Governor General in Council, on the recommendation of the Minister of Transports, pursuant to sections 25 and 26 of the Department of Transport Act, is pleased hereby to revoke the Government Airport Concession Operations Regulations made by Order in Council P.C. 1976-2076 of 19th August, 1976Footnote 1 and to make the annexed Regulations respecting the control of commercial and other operations at government airports, in substitution therefore.
Return to footnote 1SOR/76-538, Canada Gazette Part II, Vol. 110, No. 17, September 8, 1976 and C.R.C., c. 1565Short Title

1 These Regulations may be cited as the Government Airport Concession Operations Regulations.

Interpretation

2 (1) In these Regulations,

airport
airport means an aerodrome for which an airport licence has been issued by the Minister under Part III of the Air Regulations; (aéroport)
airport manager
airport manager means the Department of Transport official in charge of an airport or his duly authorized representative; (directeur d’un aéroport)
Board
Board means any group of persons that has agreed with the Minister to provide advice in respect of the issuance and cancellation of permits; (Commission)
bus
bus means a commercial passenger vehicle operated on a per passenger fare basis and serving a specific route or destination; (autobus)
commercial passenger vehicle
commercial passenger vehicle means a rental motor vehicle or a motor vehicle that is used in the transportation of persons for compensation; (véhicule commercial de passagers)
courtesy vehicle
courtesy vehicle means a motor vehicle operated by a commercial enterprise for the purpose of transporting customers of that enterprise between an airport and the place of business of that enterprise; (véhicule de courtoisie)
designated airport
designated airport means an airport designated by the Minister pursuant to subsection 4(1); (aéroport désigné)
designated vehicle
designated vehicle means a motor vehicle of a class specified by the Minister pursuant to subsection 4(2); (véhicule désigné)
dispatch service
dispatch service means a service provided to an airport that directs taxicabs or limousines to customers who request such vehicles; (service de réparation)
driver
driver with respect to a motor vehicle, means the person who is driving or has the care or control of that motor vehicle; (conducteur)
general vehicle station
general vehicle station means an area at an airport described or delineated pursuant to section 6 for the parking or standing of a courtesy vehicle or a commercial passenger vehicle, other than a taxicab or limousine, used to provide transportation for passengers or goods; (station générale de véhicules)
ground transportation inspector
ground transportation inspector means a person appointed pursuant to section 5; (inspecteur du transport au sol)
limousine
limousine means a commercial passenger vehicle, other than a bus, that has a seating capacity of not more than 10 persons including the driver and that is used for the transportation of passengers on a zone fare basis; (limousine)
Minister
Minister means the Minister of Transport or a person authorized by him to act on his behalf; (ministre)
open limousine station
open limousine station means an area at an airport described or delineated pursuant to section 6 for the parking or standing of any limousine; (station publique de limousines)
open taxicab station
open taxicab station means an area at an airport described or delineated pursuant to section 6 for the parking or standing of any taxicab; (station publique de taxis)
operator
operator in respect of a commercial passenger vehicle or courtesy vehicle, means the person who is in charge of the vehicle, whether or not he is actually the driver; (exploitant)
permit
permit means a permit issued pursuant to subsection 11(1); (permis)
permit holder
permit holder means the operator specified in the permit; (détenteur de permis)
plate
plate means a plate, card, sticker or other device provided pursuant to subsection 11(2); (plaque)
taxicab
taxicab means a commercial passenger vehicle, other than a bus or a limousine, fitted with a meter that is used to determine the fee to be paid pursuant to paragraph 10(c). (taxi)

(2) In these Regulations, a commercial passenger vehicle does not include

(a) a vehicle that is primarily used in the transportation of persons to, from or between medical facilities;
(b) a bus that provides a regularly scheduled urban transit service primarily to and from destinations other than an airport; or
(c) a bus that provides an urban transit service for persons having disabilities.

SOR/85-255, s. 1;
SOR/95-228, s. 1;
SOR/96-88, s. 1;
SOR/98-123, s. 14(F).

Application

3 These Regulations apply to every airport that

(a) is under the management and control of the Minister; and
(b) belongs to or is occupied by Her Majesty in right of Canada.

Permit Designations

4 (1) The Minister may designate any airport at which a permit is required to operate a commercial passenger vehicle or a courtesy vehicle.
(2) Where the Minister designates an airport pursuant to subsection (1), he may specify the class or classes of commercial passenger vehicles or courtesy vehicles that require the operator of those vehicles to be issued a permit before operating those vehicles at that airport.
(3) A designation referred to in subsection (1) or a specification referred to in subsection (2) may be revoked by the Minister.

Enforcement

5 (1) An airport manager may designate any person at the airport as a ground transportation inspector to monitor and enforce the provisions of these Regulations relating to ground transportation.
(2) No person shall obstruct a ground transportation inspector engaged in the performance of his duties.

Motor Vehicle Stations

6 (1) An airport manager may, by means of a sign or surface marking, describe or delineate any area at the airport as an open taxicab station, open limousine station or general vehicle station.

(2) Where an area has been described or delineated pursuant to subsection (1)

(a) as a general vehicle station, an operator of a courtesy vehicle or an operator of a commercial passenger vehicle, other than a taxicab or limousine, shall not pick up or unload a passenger or goods at that airport except at that general vehicle station; and
(b) as an open taxicab station or open limousine station, an operator of a taxicab or limousine shall not pick up or unload a passenger or goods at that airport except at that open taxicab station or open limousine station, as the case may be.

Conditions Respecting Operations

7 (1) Subject to subsection 8(1), a person who operates any business or commercial undertaking at an airport must have a permit to do so or have entered into a lease, licence agreement or other contract with the Minister in respect of the operation of that business or undertaking.
(2) A person who fixes, installs or places anything at an airport for the purpose of a business or commercial undertaking at the airport must have a permit to operate the business or undertaking or have entered into a lease, licence agreement or other contract with the Minister in respect of the operation of that business or undertaking.

SOR/95-228, s. 2;
SOR/2010-59, s. 1.

Previous Version

Permitted Operations [Repealed, SOR/95-228, s. 3]

8 (1) Despite section 4 and subject to section 10, any person may transport a passenger in a commercial passenger vehicle or a courtesy vehicle from any place outside an airport to a place at the airport where the transportation does not contravene any provincial law relating to trespassing.

(2) A person who uses a commercial passenger vehicle or a courtesy vehicle to provide transportation to persons from any place at an airport that has been designated pursuant to subsection 4(1) to any place outside the airport must:

(a) have entered into a licence agreement with the Minister that provides for such transportation of persons; or
(b) have a permit in respect of the vehicle and operate the vehicle in accordance with the terms and conditions of the permit.

SOR/95-228, s. 3;
SOR/96-88, s. 2;
SOR/98-123, s. 15;
SOR/2010-59, s. 2;
SOR/2012-33, s. 1.

Previous Version

9 Notwithstanding section 6 or 7 or subsection 8(2), the airport manager may authorize the operator of any commercial passenger vehicle to pick up, unload or transport passengers at an airport

(a) in an emergency, where the requirements of public safety, convenience or necessity cannot be met by the ground transportation services authorized by these Regulations;
(b) during irregular flight operations as a result of weather or technical reasons, where the ground transportation services authorized by these Regulations are disrupted or inadequate; or
(c) at any location that is remote from any place at which ground transportation services authorized by these Regulations is provided.

General Conditions of Operation of Ground Transportation Services at an Airport

10 The operation of any commercial passenger vehicle at an airport shall be subject to the following conditions:

(a) every person who has transported a passenger in a commercial passenger vehicle from a place outside an airport to a place at the airport shall leave the airport by the most direct route;
(b) when a commercial passenger vehicle, other than a bus, has advanced to the front of a commercial passenger vehicle waiting line at any airport, the driver of the vehicle shall not refuse to transport any person, who has requested to be transported, to a destination within or outside the airport unless that person is, in the opinion of a peace officer, as that term is defined in the Criminal Code, or a ground transportation inspector, intoxicated or conducting himself in a disorderly manner;
(c) the only fee that may be charged to a passenger by a driver of a commercial passenger vehicle who picks up and transports that passenger from a place at an airport to a destination outside the airport is the fee authorized to be charged by the applicable provincial or municipal tariff or by a tariff approved by the Minister;

(d) the driver of every commercial passenger vehicle at an airport shall, at the request of a ground transportation inspector at that airport,

(i) stop the vehicle,
(ii) permit the ground transportation inspector to inspect the vehicle, and
(iii) where a permit has been issued to the operator of the vehicle, produce the permit for examination;

(e) where a permit has been issued pursuant to subsection 11(1), the operator and driver of the vehicle for which the permit was issued shall comply with any terms and conditions under which the permit was issued; and
(f) where the commercial passenger vehicle is a taxicab, the operator of that taxicab holds a provincial or municipal licence to operate a taxi service.

10.1 The airport manager may establish a dispatch service at a designated airport.

SOR/85-255, s. 2;
SOR/98-123, s. 16.

Issue of Permits

11 (1) Subject to sections 13 and 14, where an operator of a commercial passenger vehicle or courtesy vehicle requires a permit to operate that vehicle at an airport pursuant to subsection 4(1) or (2), the airport manager at the airport may, on written application for it, issue a permit to the operator permitting the operation of that vehicle at that airport subject to such terms and conditions as the airport manager deems necessary.
(2) Where a permit has been issued, pursuant to subsection (1), the airport manager shall provide a plate to the permit holder.
(3) Subject to sections 15 and 17, a permit issued pursuant to subsection (1) shall be valid for the period set out in the permit.

SOR/98-123, s. 17.

12 When a permit expires, the permit shall be returned by the permit holder to the airport manager.

13 The airport manager shall, on notice to the applicant, refer any application for a permit received by him to a Board for its advice as to whether the permit, in the interests of public necessity and convenience, should be issued and, if issued, as to the terms and conditions under which it should be issued.

14 Where the Board has advised the airport manager, pursuant to a referral under section 13, the airport manager shall consider such advice before issuing or refusing to issue the permit if

(a) the advice is given, pursuant to a hearing by the Board;
(b) the applicant was a party to the hearing; and
(c) the airport manager or his representative was given an opportunity to be heard at the hearing.

Suspension of Permits

15 (1) Subject to subsection (2), an airport manager may suspend a permit for a period not exceeding 30 days where he has reason to believe that the permit holder or driver of the motor vehicle for which the permit was issued has violated any provision of these Regulations or any of the terms and conditions under which the permit was issued.

(2) No permit shall be suspended pursuant to subsection (1)

(a) unless written notice of the proposed suspension has been delivered by hand or sent by registered mail to the permit holder, at the address set out in the permit, stating

(i) the reason for the proposed suspension,
(ii) the period of the proposed suspension, and

(iii) that the permit holder may, within 10 days of the date on which the notice was delivered by hand or sent by registered mail

(A) submit a request to appear before the airport manager for the purpose of making representations in respect of the proposed suspension, or
(B) submit the reasons, in writing, to the airport manager showing cause why the permit should not be suspended; and

(b) until the expiration of the 10-day period specified in subparagraph (a)(iii).

(3) Where an airport manager has received the representations referred to in clause (2)(a)(iii)(A) or the reasons referred to in clause (2)(a)(iii)(B), he shall consider the representations or reasons, as the case may be, and shall decide whether the permit is to be suspended and, if the permit is to be suspended, whether it is to be suspended for the proposed period referred to in subparagraph 2(a)(ii) or for a lesser period.
(4) When the airport manager has made a decision in accordance with subsection (3), he shall, without delay, inform the permit holder of the decision by written notice delivered by hand or sent by registered mail to the permit holder at the address set out in the permit.
(5) The airport manager shall, within seven days of the suspension of any permit, send a written report of the suspension to the Minister accompanied by a recommendation as to whether or not the permit should be cancelled.

16 Where a permit is suspended, the permit holder shall forthwith return the permit to the airport manager.

Cancellation of Permits

17 (1) Subject to this section, where a permit holder or driver has violated any provision of these Regulations or any of the terms and conditions under which the permit was issued, the Minister may, on the recommendation of an airport manager, cancel the permit.

(2) No permit shall be cancelled pursuant to subsection (1),

(a) unless written notice of the proposed cancellation has been delivered by hand or sent by registered mail to the permit holder, at the address set out in the permit, stating

(i) the reason for the proposed cancellation, and
(ii) that the permit holder may, within 10 days of the date on which the notice was delivered by hand or sent by registered mail, submit reasons, in writing, to the Minister showing cause why the permit should not be cancelled; and

(b) until the expiration of the 10-day period specified in subparagraph (a)(ii).

(3) Where the Minister has received the reasons referred to in subparagraph (2)(a)(ii), he shall

(a) consider the reasons and decide whether or not to cancel the permit; or
(b) refer the matter with all relevant information to a Board for its advice as to whether or not the permit should be cancelled.

(4) Where the Minister has referred the matter to a Board pursuant to paragraph (3)(b) and the Board has advised the Minister, the Minister shall consider the advice of the Board if

(a) the advice is given, pursuant to a hearing by the Board,
(b) the permit holder was a party to the hearing, and
(c) the Minister or his representative was given an opportunity to be heard at the hearing

and shall decide whether or not to cancel the permit.

(5) When the Minister has made a decision in accordance with paragraph (3)(a) or subsection (4), he shall, without delay, inform the permit holder of the decision by written notice delivered by hand or sent by registered mail to the permit holder at the address set out in the permit.
(6) Where a permit is cancelled, the permit holder shall forthwith return the permit to the airport manager.

Plates

18 (1) Where a plate has been provided pursuant to subsection 11(2), the plate shall be securely affixed at all times to the exterior of the vehicle for which it was provided to identify that vehicle as a vehicle for which a permit is in force.
(2) Every plate shall remain the property of the Minister and shall be returned, without delay, by the operator to whom it was provided to the airport manager on the expiration, suspension or cancellation of a permit issued to that operator.
(3) Where a plate has been received from an operator, pursuant to subsection (2), as a result of the suspension of a permit, the plate shall be returned to that operator on the termination of the suspension.

19 No operator to whom a permit has been issued in respect of a commercial passenger vehicle or a courtesy vehicle shall operate that vehicle at an airport unless the vehicle has the plate provided for the vehicle affixed to the vehicle in accordance with subsection 18(1).

Punishment

20 Every person who contravenes these Regulations is liable on summary conviction to a fine not exceeding four hundred dollars.
SOR/95-228, s. 4(E).

SCHEDULE
[Repealed, SOR/2012-33, s. 2]Previous Version