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Legal text for SACC item
1. Interpretation
1.1 "day" means any period 24 consecutive hours;
1.2 "month" means any period of 30 consecutive days; and
1.3 "flight" means the movement of an aircraft from the point of
take-off to the first point of landing.
2. Operation, Interruption or Cancellation of Charter Flights
2.1 The Carrier shall have exclusive operational control over
chartered aircraft and the contents and crew thereof.
2.2 Every person who is provided with transportation on a
chartered aircraft shall comply with all the terms and
conditions of the contract, and all persons and property
aboard a chartered aircraft shall be subject to the authority
of the pilot-in-charge.
2.3 The Carrier may:
(a) cancel or terminate a charter or any flight of a
charter at any time,
(b) return to base or to the last point of landing, or
(c) divert or land at an intermediate point,
when such action is deemed by the Carrier to be necessary
owing to the unserviceability of the aircraft, weather
conditions or other conditions beyond the control of the
Carrier.
3. Dangerous Goods
The Charterer and the Carrier shall comply with the applicable
governmental regulations governing the carriage of dangerous goods.
4. Space for the Carrier's Use
Any capacity in the chartered aircraft not being utilized by the
Charterer may, unless the Charterer objects, be used by the Carrier
for the carriage of its own personnel, baggage or goods.
5. Cancellations, Non-Completions or Deviations
5.1 When a charter is cancelled by the Carrier after commencement,
charges shall be charged for the completed portion only.
5.2 No charges shall be charged to the Charterer:
(a) where flights are not completed due to mechanical
failure or crew casualties and the Carrier fails to
arrange satisfactory alternative transportation; or
(b) in respect of any flying in an unsuccessful attempt to
complete a flight required under the charter, unless
the Charterer, his servant or agent agreed to such
flying being done.
6. Substitution of Aircraft
6.1 When, owing to causes beyond the control of the Carrier, the
chartered aircraft is unavailable at the time the charter
commences or becomes unavailable while carrying out the
charter, the Carrier may furnish another aircraft of the same
type or, with the consent of the Charterer, substitute any
other type of aircraft at the rates and charges applicable to
the aircraft originally chartered except as provided in
subsections 6.2 and 6.3.
6.2 When a substituted aircraft is capable of a larger payload
than the aircraft originally chartered, the payload carried
in the substituted aircraft shall not be greater than the
payload that would have been available in the aircraft
originally chartered, unless the Charterer agrees to pay the
rates and charges applicable to the substituted aircraft.
6.3 When the maximum payload of a substituted aircraft is smaller
than the maximum payload of the aircraft originally chartered,
charges shall be based on the rates and charges applicable to
the type of substituted aircraft, except that where such
rates and charges are higher than those for the aircraft
originally chartered, the rates and charges for the original
aircraft chartered shall apply.
7. Determination of Firm Rate Per Hour
7.1 Except as provided in subsection 7.2, the hours and minutes
for which a charge is made shall be computed from the time
the aircraft leaves the surface of the earth and terminating
when the aircraft touches the surface of the earth at the
next point of landing. The term "Firm Rate Per Hour" is an
hourly charge or portion thereof of "Air Time" as defined in
the Canadian Aviation Regulations, Part VIII, Air Navigation
Services, and will be the basis of calculating charges for
air services.
7.2 When operations involve a continuous succession of flights,
each of less than ten (10) minutes duration, and the engine
is not shut down between such flights, air time shall be
computed from the time the aircraft leaves the surface of the
earth for the first flight and ceases when the aircraft
touches the surface of the earth at the final point of
landing.
7.3 In determining the duration of a flight:
(a) each fraction of an hour shall be stated as a decimal,
established on the basis of a six minute period,
(b) each period of less than three minutes shall be
rounded to zero, and
(c) each period of between three and six minutes shall be
rounded to six minutes,
except that no flight shall be considered to have a duration
of less than 0.1 hour.
8. Application of Rates and Charges Fixed Wing Only
8.1 On charters rates per mile shall apply for all point-to-point
flights where flight distances are measurable.
8.2 Rates per hour shall apply when the Carrier is providing air
service for a Charterer engaged in operations involving
flights or parts thereof where flight distances are not
measurable, or when requested by Charterer and such request
is noted by the Carrier on the invoice.
9. Methods of Measuring Distance Fixed Wing Only
9.1 When a flight is required to be flown over airways routes or
routes prescribed by the Department of Transport, the
distances shall be measured in straight lines along such
routes.
9.2 The distances of flights, other than a flight referred to in
subsection 9.1, shall be measured in a straight line between
the places of commencement and termination of the work
provided for in the charter, using standard 8 miles to 1 inch
aeronautical charts of the National Topographic Series, as
issued by the Department of Natural Resources, Ottawa.