PART IIAir Transportation (continued)
Air Travel Complaints (continued)
Marginal note:Order related to tariffs
85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to
(a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and
(b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.
(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.
Marginal note:Filing of order and enforcement
(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.
Marginal note:Prior decisions to be taken into account
85.08 In regards to the issue of whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, a complaint resolution officer who is dealing with a complaint in respect of a flight shall take into account any prior decision on that issue that is contained in an order made by a complaint resolution officer in respect of that flight.
Marginal note:Confidentiality of information
85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.
Marginal note:Communication of information
(2) Subsection (1) does not apply so as to prohibit
(a) the communication of information to the Agency;
(b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or
(c) the making public by the Agency of information under sections 85.14 and 85.15.
85.1 Subject to the procedure set out in the guidelines referred to in section 85.12, a complaint resolution officer shall deal with complaints in the manner that they consider appropriate in the circumstances.
- 2000, c. 15, s. 7.1
- 2007, c. 19, s. 25
- 2023, c. 26, s. 459
Marginal note:Assistance by Agency
85.11 The Agency may, at a complaint resolution officer’s request, provide administrative, technical and legal assistance to the complaint resolution officer.
85.12 (1) The Agency may issue guidelines
(a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and
(b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.
Marginal note:Guidelines binding
(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).
(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.
Marginal note:Statutory Instruments Act
(4) The Statutory Instruments Act does not apply to the guideline.
Marginal note:Referral to panel
85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.
Marginal note:Clarification – panels
(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.
Marginal note:Publication — order or summary of order
85.14 (1) The Agency shall make public
(a) in the case of an order made by a single complaint resolution officer
(i) the number of the flight to which the order relates,
(ii) the date of departure of the flight that is indicated on the complainant’s ticket,
(iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and
(iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and
(b) subject to subsection (2), in the case of an order made by a panel, the entire order.
(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).
Marginal note:Part of annual report
85.15 The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under subsection 85.04(1), the names of the carriers against whom the complaints were made, the number of complaints for which an order was made under subsection 85.07(1) and the systemic trends observed.
Marginal note:Fees and charges
85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.
Marginal note:Carrier’s liability
(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.
(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.
(4) The Agency shall publish the fees and charges on its Internet site.
Marginal note:Debt due to His Majesty
(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.
Marginal note:Spending authority
(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.
Marginal note:Service Fees Act
(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).
86 (1) The Agency may make regulations
(a) classifying air services;
(b) classifying aircraft;
(c) prescribing liability insurance coverage requirements for air services or aircraft;
(d) prescribing financial requirements for each class of air service or aircraft;
(e) respecting the issuance, amendment and cancellation of permits for the operation of international charters;
(f) respecting the duration and renewal of licences;
(g) respecting the amendment of licences;
(h) respecting traffic and tariffs, fares, rates, charges and terms and conditions of carriage for international service, including
(i) providing for the disallowance or suspension by the Agency of any tariff, fare, rate or charge,
(ii) providing for the establishment and substitution by the Agency of any tariff, fare, rate or charge disallowed by the Agency,
(iii) authorizing the Agency to direct a licensee or carrier to take the corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage that are applicable to the service it offers and that were set out in its tariffs, if the Agency receives a written complaint and, if the complaint is related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1), it is filed by the person adversely affected,
(iii.1) authorizing the Agency to make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b), to the extent that it considers appropriate, and
(iv) requiring a licensee or carrier to display the terms and conditions of carriage for its international service on its Internet site, if the site is used for selling the international service of the licensee or carrier;
(i) requiring licensees to file with the Agency any documents and information relating to activities under their licences that are necessary for the purposes of enabling the Agency to exercise its powers and perform its duties and functions under this Part and respecting the manner in which and the times at which the documents and information are to be filed;
(j) requiring licensees to include in contracts or arrangements with travel wholesalers, tour operators, charterers or other persons associated with the provision of air services to the public, or to make those contracts and arrangements subject to, terms and conditions specified or referred to in the regulations;
(k) defining words and expressions for the purposes of this Part;
(l) excluding a person from any of the requirements of this Part;
(m) prescribing any matter or thing that by this Part is to be prescribed; and
(n) generally for carrying out the purposes and provisions of this Part.
Marginal note:Exclusion not to provide certain relief
(2) No regulation shall be made under paragraph (1)(l) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service.
(3) [Repealed, 2007, c. 19, s. 26]
- 1996, c. 10, s. 86
- 2000, c. 15, s. 8
- 2007, c. 19, s. 26
- 2018, c. 10, s. 18
Marginal note:Advertising regulations
86.1 (1) The Agency shall make regulations respecting advertising in all media, including on the Internet, of prices for air services within, or originating in, Canada.
Marginal note:Contents of regulations
(2) Without limiting the generality of subsection (1), regulations shall be made under that subsection requiring a carrier who advertises a price for an air service to include in the price all costs to the carrier of providing the service and to indicate in the advertisement all fees, charges and taxes collected by the carrier on behalf of another person in respect of the service, so as to enable a purchaser of the service to readily determine the total amount to be paid for the service.
Marginal note:Regulations may prescribe
(3) Without limiting the generality of subsection (1), the regulations may prescribe what are costs, fees, charges and taxes for the purposes of subsection (2).
- 2007, c. 19, s. 27
Marginal note:Regulations — carrier’s obligations towards passengers
86.11 (1) The Agency shall, after consulting with the Minister, make regulations in relation to flights to, from and within Canada, including connecting flights,
(a) respecting the carrier’s obligation to make terms and conditions of carriage and information regarding any recourse available against the carrier, as specified in the regulations, readily available to passengers in language that is simple, clear and concise;
(b) respecting the carrier’s obligations in the case of flight delay, flight cancellation or denial of boarding, including
(i) the minimum standards of treatment of passengers that the carrier is required to meet and the minimum compensation the carrier is required to pay for inconvenience when the delay, cancellation or denial of boarding is within the carrier’s control,
(ii) the minimum standards of treatment of passengers that the carrier is required to meet when the delay, cancellation or denial of boarding is within the carrier’s control, but is required for safety purposes, including in situations of mechanical malfunctions,
(iii) the carrier’s obligation to ensure that passengers complete their itinerary when the delay, cancellation or denial of boarding is due to situations outside the carrier’s control, such as natural phenomena and security events, and
(iv) the carrier’s obligation to provide timely information and assistance to passengers;
(c) prescribing the minimum compensation for delayed, lost or damaged baggage that the carrier is required to pay;
(d) respecting the carrier’s obligation to facilitate the assignment of seats to children under the age of 14 years in close proximity to a parent, guardian or tutor at no additional cost and to make the carrier’s terms and conditions and practices in this respect readily available to passengers;
(e) requiring the carrier to establish terms and conditions of carriage with regard to the transportation of musical instruments;
(f) respecting the carrier’s obligations in the case of tarmac delays over three hours, including the obligation to provide timely information and assistance to passengers, as well as the minimum standards of treatment of passengers that the carrier is required to meet; and
(g) respecting any of the carrier’s other obligations that the Minister may issue directions on under subsection (2).
Marginal note:Ministerial directions
(2) The Minister may issue directions to the Agency to make a regulation under paragraph (1)(g) respecting any of the carrier’s other obligations towards passengers. The Agency shall comply with these directions.
(3) A person shall not receive compensation from a carrier under regulations made under subsection (1) if that person has already received compensation for the same event under a different passenger rights regime than the one provided for under this Act.
Marginal note:Obligations deemed to be in tariffs
(4) The carrier’s obligations established by a regulation made under subsection (1) are deemed to form part of the terms and conditions set out in the carrier’s tariffs in so far as the carrier’s tariffs do not provide more advantageous terms and conditions of carriage than those obligations.
- 2018, c. 10, s. 19
- 2023, c. 26, s. 465
- Date modified: