Air Passenger Protection Regulations (SOR/2019-150)

Whereas, pursuant to subsection 36(2) of the Canada Transportation ActFootnote ^a, the Canadian Transportation Agency has given the Minister of Transport notice of the annexed Regulations;

• Return to footnote ^aS.C. 1996, c. 10

Whereas, pursuant to subsection 86.11(1)Footnote ^b of the Canada Transportation ActFootnote ^a, the Canadian Transportation Agency has consulted with the Minister of Transport with respect to the annexed Regulations;

• Return to footnote ^bS.C. 2018, c. 10, s. 19

And whereas, pursuant to subsection 86.11(2)Footnote ^b of the Canada Transportation ActFootnote ^a, the Minister of Transport has given the Direction Respecting Tarmac Delays of Three Hours or LessFootnote ^c;

• Return to footnote ^cSOR/2019-110

Therefore, the Canadian Transportation Agency, pursuant to subsection 86(1)Footnote ^d, section 86.1Footnote ^e and subsections 86.11(1)Footnote ^b and 177(1)Footnote ^f of the Canada Transportation ActFootnote ^a, makes the annexed Air Passenger Protection Regulations.

• Return to footnote ^dS.C. 2018, c. 10, s. 18

• Return to footnote ^eS.C. 2007, c. 19, s. 27

• Return to footnote ^fS.C. 2007, c. 19, ss. 49(1) and (2)

Gatineau, April 30, 2019

Le président et premier dirigeant de l’Office des transports du Canada, Scott Streiner Chairperson and Chief Executive Officer, Canadian Transportation Agency La vice-présidente de l’Office des transports du Canada, Elizabeth C. Barker Vice-Chairperson, Canadian Transportation Agency

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 36(1) of the Canada Transportation ActFootnote ^a, approves the annexed Air Passenger Protection Regulations, made by the Canadian Transportation Agency.

Definitions and Interpretation

Marginal note:Definitions — Part II of Act

• 1 (1) The following definitions apply in Part II of the Act.

  mechanical malfunction

  mechanical malfunction means a mechanical problem that reduces the safety of passengers but does not include a problem that is identified further to scheduled maintenance undertaken in compliance with legal requirements. (défaillance mécanique)

  required for safety purposes

  required for safety purposes means required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements. (nécessaire par souci de sécurité)

• Marginal note:Definitions — Regulations

  (2) The following definitions apply in these Regulations.

  Act

  Act means the Canada Transportation Act. (Loi)

  arrival

  arrival means the time when one of the doors of an aircraft is opened after it lands to allow passengers to leave the aircraft. (arrivée)

  large carrier

  large carrier means a carrier that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years. (gros transporteur)

  small carrier

  small carrier means any carrier that is not a large carrier. (petit transporteur)

• Marginal note:Denial of boarding

  (3) For the purpose of these Regulations, there is a denial of boarding when a passenger is not permitted to occupy a seat on board a flight because the number of seats that may be occupied on the flight is less than the number of passengers who have checked in by the required time, hold a confirmed reservation and valid travel documentation and are present at the boarding gate at the required boarding time.

• Marginal note:Obligations of small carriers

  (4) For the purpose of these Regulations, a small carrier has the same obligations as a large carrier towards a passenger that it carries on behalf of a large carrier under a commercial agreement with that carrier.

General

Marginal note:Carrier liability

• 2 (1) The carrier operating a flight is liable to passengers with respect to the obligations set out in sections 7 to 22 and 24, or, if they are more favourable to those passengers, the obligations on the same matter that are set out in the applicable tariff.

• Marginal note:Joint liability

  (2) However, if one carrier carries passengers on behalf of another carrier under a commercial agreement, the carriers are jointly and severally, or solidarily, liable to those passengers with respect to the obligations set out in sections 7, 22 and 24, or, if they are more favourable to those passengers, the obligations on the same matter that are set out in the applicable tariff.

• Marginal note:Tickets

  (3) The issuing carrier of a ticket is liable to passengers for the obligations set out in sections 5 and 6, or, if they are more favourable to those passengers, the obligations on the same matter that are set out in the applicable tariff.

Marginal note:Persons with disabilities

• 3 (1) These Regulations do not limit a carrier’s legal obligations with respect to persons with disabilities.

• Marginal note:Carrier’s right of action

  (2) For greater certainty, these Regulations do not remove a carrier’s right of action against any other person.

• Marginal note:Other regimes

  (3) Subject to subsection 86.11(3) of the Act, a passenger must not be refused compensation in accordance with these Regulations for an event on the grounds that they are also eligible for compensation for the same event under a different passenger rights regime.

Marginal note:Application to charter flights

• 4 (1) In the case of a charter flight, sections 2 to 24 apply

  • (a) to a charter flight within Canada if one or more seats on that flight are purchased for resale to the public; or

  • (b) to a charter flight to or from Canada if one or more passengers began their itinerary in Canada and one or more seats on that flight are purchased for resale to the public.

• Marginal note:Licensee obligations

  (2) A licensee must include the obligation to comply with these Regulations in its contracts with a charterer with respect to flights referred to in subsection (1).

Marginal note:Simple, clear and concise communication

• 5 (1) A carrier must make its terms and conditions of carriage that apply in the following circumstances available in simple, clear and concise language:

  • (a) flight delay, flight cancellation and denial of boarding;

  • (b) lost or damaged baggage; and

  • (c) the assignment of seats to children who are under the age of 14 years.

• Marginal note:Means of communication

  (2) The terms and conditions referred to in subsection (1) must be made available on all digital platforms that the carrier uses to sell tickets and on all documents on which the passenger’s itinerary appears.

• Marginal note:Information on treatment, compensation and recourse

  (3) A carrier must provide information on the treatment of passengers and minimum compensation owed by the carrier and the recourse against the carrier available to passengers, including their recourse to the Agency, in simple, clear and concise language on all digital platforms that it uses to sell tickets and on all documents on which the passenger’s itinerary appears.

• Marginal note:Hyperlink

  (4) For the purpose of subsections (2) and (3), a digital platform or a document that contains a hyperlink is considered to contain the information that is contained on the web page to which that hyperlink leads.

• Marginal note:Notice

  (5) The following notice must be made available on all digital platforms that the carrier uses to sell tickets and on all documents on which the passenger’s itinerary appears:

  “If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.

  Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.”

• Marginal note:Persons with disabilities

  (6) If the information referred to in subsection (1) or (3) or the notice set out in subsection (5) is provided in a digital format, that format must be compatible with adaptive technologies intended to assist persons with disabilities and if that information or notice is provided in a paper format, the carrier must, on request, provide it in large print, Braille or a digital format.

Marginal note:Person authorized to sell tickets

6 The carrier must take reasonable measures to ensure that anyone authorized to sell tickets in the carrier’s name complies with section 5.

Marginal note:Notice at airport

• 7 (1) A carrier operating a flight to or from an airport in Canada must display, in a visible manner at the check-in desk, self-service machines and boarding gate, a notice containing the following text:

  “If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.

  Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.”

• Marginal note:Persons with disabilities

  (2) If the notice is provided in a digital format, that format must be compatible with adaptive technologies intended to assist persons with disabilities and if the notice is provided in a paper format, the carrier must, on request, provide it in large print, Braille or a digital format.

Delay, Cancellation and Denial of Boarding

Marginal note:Tarmac delay obligations

• 8 (1) If a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the carrier must provide passengers with the following, free of charge:

  • (a) if the aircraft is equipped with lavatories, access to those lavatories in working order;

  • (b) proper ventilation and cooling or heating of the aircraft;

  • (c) if it is feasible to communicate with people outside of the aircraft, the means to do so; and

  • (d) food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport.

• Marginal note:Urgent medical assistance

  (2) If a passenger requires urgent medical assistance while the flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the carrier must facilitate access to that assistance.

Marginal note:Passenger disembarkation

• 9 (1) If a flight is delayed on the tarmac at an airport in Canada, the carrier must provide an opportunity for passengers to disembark

  • (a) three hours after the aircraft doors have been closed for take-off; and

  • (b) three hours after the flight has landed, or at any earlier time if it is feasible.

• Marginal note:Take-off imminent

  (2) However, a carrier is not required to provide an opportunity for passengers to disembark if it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and the carrier is able to continue to provide the standard of treatment referred to in section 8.
  

• Marginal note:Priority disembarkation

  (3) A carrier that allows passengers to disembark must, if it is feasible, give passengers with disabilities and their support person, service animal or emotional support animal, if any, the opportunity to disembark first.

• Marginal note:Exceptions

  (4) This section does not apply if providing an opportunity for passengers to disembark is not possible, including if it is not possible for reasons related to safety and security or to air traffic or customs control.

Marginal note:Obligations — situations outside carrier’s control

• 10 (1) This section applies to a carrier when there is delay, cancellation or denial of boarding due to situations outside the carrier’s control, including but not limited to the following:

  • (a) war or political instability;

  • (b) illegal acts or sabotage;

  • (c) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;

  • (d) instructions from air traffic control;

  • (e) a NOTAM, as defined in subsection 101.01(1) of the Canadian Aviation Regulations;

  • (f) a security threat;

  • (g) airport operation issues;

  • (h) a medical emergency;

  • (i) a collision with wildlife;

  • (j) a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider;

  • (k) a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority; and

  • (l) an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.

• Marginal note:Earlier flight disruption

  (2) A delay, cancellation or denial of boarding that is directly attributable to an earlier delay or cancellation that is due to situations outside the carrier’s control, is considered to also be due to situations outside that carrier’s control if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation.

• Marginal note:Obligations

  (3) When there is delay, cancellation or denial of boarding due to situations outside the carrier’s control, it must

  • (a) provide passengers with the information set out in section 13;

  • (b) in the case of a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 18, to a passenger who desires such arrangements;

  • (c) in the case of a cancellation, provide alternate travel arrangements or a refund, in the manner set out in section 18; and

  • (d) in the case of a denial of boarding, provide alternate travel arrangements in the manner set out in section 18.

Marginal note:Obligations when required for safety purposes

• 11 (1) Subject to subsection 10(2), this section applies to a carrier when there is delay, cancellation or denial of boarding that is within the carrier’s control but is required for safety purposes.

• Marginal note:Earlier flight disruption

  (2) A delay, cancellation or denial of boarding that is directly attributable to an earlier delay or cancellation that is within that carrier’s control but is required for safety purposes, is considered to also be within that carrier’s control but required for safety purposes if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation.

• Marginal note:Delay

  (3) In the case of a delay, the carrier must

  • (a) provide passengers with the information set out in section 13;

  • (b) if a passenger is informed of the delay less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14; and

  • (c) if the delay is a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 17, to a passenger who desires such arrangements.

• Marginal note:Cancellation

  (4) In the case of a cancellation, the carrier must

  • (a) provide passengers with the information set out in section 13;

  • (b) if a passenger is informed of the cancellation less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14; and

  • (c) provide alternate travel arrangements or a refund, in the manner set out in section 17.

• Marginal note:Denial of boarding

  (5) In the case of a denial of boarding, the carrier must

  • (a) provide passengers affected by the denial of boarding with the information set out in section 13;

  • (b) deny boarding in accordance with section 15 and provide the standard of treatment set out in section 16 to passengers affected by the denial of boarding; and

  • (c) provide alternate travel arrangements or a refund, in the manner set out in section 17.

Marginal note:Obligations when within carrier’s control

• 12 (1) Subject to subsection 10(2), this section applies to a carrier when there is delay, cancellation or denial of boarding that is within the carrier’s control but is not referred to in subsections 11(1) or (2).

• Marginal note:Delay

  (2) In the case of a delay, the carrier must

  • (a) provide passengers with the information set out in section 13;

  • (b) if a passenger is informed of the delay less than 12 hours before the departure time that is indicated on their original ticket, provide them with the standard of treatment set out in section 14;

  • (c) if the delay is a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 17, to a passenger who desires such arrangements; and

  • (d) if a passenger is informed 14 days or less before the departure time on their original ticket that the arrival of their flight at the destination that is indicated on that original ticket will be delayed, provide the minimum compensation for inconvenience in the manner set out in section 19.

• Marginal note:Cancellation

  (3) In the case of a cancellation, the carrier must

  • (a) provide passengers with the information set out in section 13;

  • (b) if a passenger is informed of the cancellation less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14;

  • (c) provide alternate travel arrangements or a refund, in the manner set out in section 17; and

  • (d) if a passenger is informed of the cancellation 14 days or less before the departure time that is indicated on their original ticket, provide the minimum compensation for inconvenience in the manner set out in section 19.

• Marginal note:Denial of boarding

  (4) In the case of a denial of boarding, the carrier must

  • (a) provide passengers affected by the denial of boarding with the information set out in section 13;

  • (b) deny boarding in accordance with section 15 and provide the standard of treatment set out in section 16 to passengers affected by the denial of boarding;

  • (c) provide alternate travel arrangements or a refund, in the manner set out in section 17; and

  • (d) provide the minimum compensation for inconvenience for denial of boarding in the manner set out in section 20.

Marginal note:Information — cancellation, delay, denial of boarding

• 13 (1) A carrier must provide the following information to the passengers who are affected by a cancellation, delay or a denial of boarding:

  • (a) the reason for the delay, cancellation or denial of boarding;

  • (b) the compensation to which the passenger may be entitled for the inconvenience;

  • (c) the standard of treatment for passengers, if any; and

  • (d) the recourse available against the carrier, including their recourse to the Agency.
    

• Marginal note:Communication every 30 minutes

  (2) In the case of a delay, the carrier must communicate status updates to passengers every 30 minutes until a new departure time for the flight is set or alternate travel arrangements have been made for the affected passenger.
  

• Marginal note:New information

  (3) The carrier must communicate to passengers any new information as soon as feasible.

• Marginal note:Audible and visible announcement

  (4) The information referred to in subsection (1) must be provided by means of audible announcements and, upon request, by means of visible announcements.

• Marginal note:Method of communication

  (5) The information referred to in subsection (1) must also be provided to the passenger using the available communication method that they have indicated that they prefer, including a method that is compatible with adaptive technologies intended to assist persons with disabilities.

Marginal note:Standards of treatment

• 14 (1) If paragraph 11(3)(b) or (4)(b) or 12(2)(b) or (3)(b) applies to a carrier, and a passenger has waited two hours after the departure time that is indicated on their original ticket, the carrier must provide the passenger with the following treatment free of charge:

  • (a) food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and

  • (b) access to a means of communication.

• Marginal note:Accommodations

  (2) If paragraph 11(3)(b) or (4)(b) or 12(2)(b) or (3)(b) applies to a carrier and the carrier expects that the passenger will be required to wait overnight for their original flight or for a flight reserved as part of alternate travel arrangements, the air carrier must offer, free of charge, hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport.

• Marginal note:Refusing or limiting treatment

  (3) The carrier may limit or refuse to provide a standard of treatment referred to in subsection (1) or (2) if providing that treatment would further delay the passenger.

Marginal note:Denial of boarding — request for volunteers

• 15 (1) If paragraph 11(5)(b) or 12(4)(b) applies to a carrier, it must not deny boarding to a passenger unless it has asked all passengers if they are willing to give up their seat.

• Marginal note:Passenger on aircraft

  (2) The carrier must not deny boarding to a passenger who is already on board the aircraft, unless the denial of boarding is required for reasons of safety.

• Marginal note:Confirmation of benefit

  (3) If a carrier offers a benefit in exchange for a passenger willingly giving up their seat in accordance with subsection (1) and a passenger accepts the offer, it must provide the passenger with a written confirmation of that benefit before the flight departs.

• Marginal note:Priority for boarding

  (4) If denial of boarding is necessary, the carrier must select the passengers who will be denied boarding, giving priority for boarding to passengers in the following order:

  • (a) an unaccompanied minor;

  • (b) a person with a disability and their support person, service animal, or emotional support animal, if any;

  • (c) a passenger who is travelling with family members; and

  • (d) a passenger who was previously denied boarding on the same ticket.

Marginal note:Treatment when boarding is denied

• 16 (1) If paragraph 11(5)(b) or 12(4)(b) applies to a carrier, it must, before a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge:

  • (a) food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and

  • (b) access to a means of communication.

• Marginal note:Accommodations

  (2) If the carrier expects that the passenger will be required to wait overnight for a flight reserved as part of alternate travel arrangements, the carrier must offer, free of charge, hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport.

• Marginal note:Refusing or limiting treatment

  (3) The carrier may limit or refuse to provide a standard of treatment referred to in subsection (1) or (2) if providing that treatment would further delay the passenger.

Marginal note:Alternate arrangements — within carrier’s control

• 17 (1) If paragraph 11(3)(c), (4)(c) or (5)(c) or 12(2)(c), (3)(c) or (4)(c) applies to a carrier, it must provide to the passenger, free of charge, the following alternate travel arrangements to ensure that the passenger completes their itinerary as soon as feasible:

  • (a) in the case of a large carrier,

    • (i) a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and departs within nine hours of the departure time that is indicated on that original ticket,

    • (ii) a confirmed reservation for a flight that is operated by any carrier and is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and departs within 48 hours of the departure time that is indicated on that original ticket if the carrier cannot provide a confirmed reservation that complies with subparagraph (i), or

    • (iii) transportation to another airport that is within a reasonable distance of the airport at which the passenger is located and a confirmed reservation for a flight that is operated by any carrier and is travelling on any reasonable air route from that other airport to the destination that is indicated on the passenger’s original ticket, if the carrier cannot provide a confirmed reservation that complies with subparagraphs (i) or (ii); and

  • (b) in the case of a small carrier, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, and is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket.

• Marginal note:Refund

  (2) If the alternate travel arrangements offered in accordance with subsection (1) do not accommodate the passenger’s travel needs, the carrier must

  • (a) if the passenger is no longer at the point of origin that is indicated on the original ticket and the travel no longer serves a purpose because of the delay, cancellation or denial of boarding, refund the ticket and provide to the passenger, free of charge, a confirmed reservation for a flight to that point of origin that accommodates the passenger’s travel needs; and

  • (b) in any other case, refund the unused portion of the ticket.

• Marginal note:Comparable services

  (3) To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket.

• (4) [Repealed, SOR/2022-134, s. 4]

• Marginal note:Higher class of service

  (5) If the alternate travel arrangements provide for a higher class of service than the original ticket, the carrier must not request supplementary payment.

• (6) [Repealed, SOR/2022-134, s. 4]

• (7) [Repealed, SOR/2022-134, s. 4]

Marginal note:Delay or cancellation — outside carrier’s control

• 18 (1) If paragraph 10(3)(b) or (c) applies to a carrier, it must provide to the passenger, free of charge, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and departs within 48 hours of the departure time that is indicated on that ticket.

• Marginal note:Passenger’s choice

  (1.1) If a carrier cannot provide a confirmed reservation in accordance with subsection (1), it must, at the passenger’s choice, refund any unused portion of the ticket or provide the following alternate travel arrangements, free of charge:

  • (a) in the case of a large carrier, a confirmed reservation for the next available flight that is operated by any carrier and is travelling on any reasonable air route from the airport at which the passenger is located, or another airport that is within a reasonable distance of that airport, to the destination that is indicated on the passenger’s original ticket and, if the new departure is from an airport other than the one at which the passenger is located, transportation to that other airport; or

  • (b) in the case of a small carrier, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, and is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket.

• Marginal note:Return to point of origin

  (1.2) However, if a passenger who chooses to be refunded is no longer at the point of origin that is indicated on the original ticket and the travel no longer serves a purpose because of the delay or cancellation, the carrier must refund the ticket and provide to the passenger, free of charge, a confirmed reservation for a flight to that point of origin that accommodates the passenger’s travel needs.

• Marginal note:Refund

  (1.3) A passenger who is eligible to be refunded under subsection (1.1) may choose a refund at any time prior to being provided with a confirmed reservation.

• Marginal note:Denial of boarding — outside carrier’s control

  (1.4) If paragraph 10(3)(d) applies to a carrier, it must provide to the passenger, free of charge, the following alternate travel arrangements to ensure that the passenger completes their itinerary as soon as feasible:

  • (a) in the case of a large carrier, the arrangements specified in subsection (1) or, if it cannot provide such arrangements, a confirmed reservation in accordance with paragraph (1.1)(a); or

  • (b) in the case of a small carrier, a confirmed reservation in accordance with paragraph (1.1)(b).

• Marginal note:Comparable services

  (2) To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket.

• Marginal note:Higher class of service

  (3) If the alternate travel arrangements provide for a higher class of service than the original ticket, the carrier must not request supplementary payment.

Marginal note:Refund of additional services

• 18.1 (1) A carrier must refund the cost of any additional services purchased in connection with a passenger’s original ticket if the passenger has been provided with alternate travel arrangements under section 17 or 18 and

  • (a) the passenger did not receive those services; or

  • (b) those services were paid for a second time.

• Marginal note:Refund for lower class of service

  (2) If the alternate travel arrangements provide for a lower class of service than the original ticket, the carrier must refund the difference in the cost of the applicable portion of the ticket.

Marginal note:Method used for refund

• 18.2 (1) All refunds provided under these Regulations must be paid to the person who purchased the ticket or additional service and must be paid using the method used for the original payment, unless

  • (a) the person has been informed in writing of the monetary value of the original ticket or additional service and the availability of a refund by the method used for the original payment;

  • (b) the refund is offered in another form that does not expire; and

  • (c) the person confirms, in writing, that they have been informed of their right to receive the refund by the method used for the original payment and have chosen to receive the refund in another form.

• Marginal note:Refund deadline

  (2) Refunds must be provided by a carrier within 30 days after the day on which the carrier becomes obligated to provide the refund.

Marginal note:Compensation for delay or cancellation

• 19 (1) If paragraph 12(2)(d) or (3)(d) applies to a carrier, it must provide the following minimum compensation:

  • (a) in the case of a large carrier,

    • (i) $400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,

    • (ii) $700, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or

    • (iii) $1,000, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more; and

  • (b) in the case of a small carrier,

    • (i) $125, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,

    • (ii) $250, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or

    • (iii) $500, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.

• Marginal note:Compensation in case of refund

  (2) Despite subsection (1), if paragraph 12(2)(d) or (3)(d) applies to a carrier and the passenger’s ticket is refunded in accordance with subsection 17(2), the carrier must provide a minimum compensation of

  • (a) $400, in the case of a large carrier; and

  • (b) $125, in the case of a small carrier.

• Marginal note:Deadline to file request

  (3) To receive the minimum compensation referred to in paragraph (1) or (2), a passenger must file a request for compensation with the carrier before the first anniversary of the day on which the flight delay or flight cancellation occurred.

• Marginal note:Deadline to respond

  (4) The carrier must, within 30 days after the day on which it receives the request, provide the compensation or an explanation as to why compensation is not payable.

Marginal note:Compensation for denial of boarding

• 20 (1) If paragraph 12(4)(d) applies to a carrier, it must provide the following minimum compensation:

  • (a) $900, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by less than six hours;

  • (b) $1,800, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours; and

  • (c) $2,400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.

• Marginal note:Payment

  (2) The carrier must provide the compensation to the passenger as soon as it is operationally feasible, but not later than 48 hours after the time of the denial of boarding.

• Marginal note:Estimated arrival time

  (3) If the compensation is paid before the arrival of the flight reserved as part of alternate travel arrangements at the destination that is indicated on their ticket, that compensation is determined based on the flight’s expected arrival.

• Marginal note:Written confirmation

  (4) If it is not possible to provide the compensation before the boarding time of the flight reserved as part of alternate travel arrangements, the carrier must provide the passenger with a written confirmation of the amount of the compensation that is owed.

• Marginal note:Adjustment

  (5) If the arrival of the passenger’s flight at the destination that is indicated on their original ticket is after the time it was expected to arrive when the compensation was paid or confirmed in writing and the amount that was paid or confirmed no longer reflects the amount due in accordance with subsection (1), the carrier must adjust the amount of the compensation accordingly.

Marginal note:Compensation for inconvenience

21 A carrier who is required to provide compensation must do so in the form of money, unless

• (a) it offers compensation in another form that has a greater monetary value than the minimum monetary value of the compensation that is required under these Regulations;

• (b) the passenger has been informed in writing of the monetary value of the other form of compensation;

• (c) the other form of compensation does not expire; and

• (d) the passenger confirms in writing that they have been informed of their right to receive monetary compensation and have chosen the other form of compensation.

Assignment of Seats to Children under the Age of 14 Years

Marginal note:Assigning seats

• 22 (1) In order to facilitate the assignment of a seat to a child who is under the age of 14 years in close proximity to a parent, guardian or tutor in accordance with subsection (2), a carrier must, at no additional charge

  • (a) assign a seat before check-in to the child that is in close proximity to their parent, guardian or tutor; or

  • (b) if the carrier does not assign seats in accordance with paragraph (a), do the following:

    • (i) advise passengers before check-in that the carrier will facilitate seat assignment of children in close proximity to a parent, guardian or tutor at no additional charge at the time of check-in or at the boarding gate,

    • (ii) assign seats at the time of check-in, if possible,

    • (iii) if it is not possible to assign seats at the time of check-in, ask for volunteers to change seats at the time of boarding, and

    • (iv) if it is not possible to assign seats at the time of check-in and no passenger has volunteered to change seats at the time of boarding, ask again for volunteers to change seats before take-off.

• Marginal note:Proximity to adult’s seat

  (2) The carrier must facilitate the assignment of a seat to a child who is under the age of 14 years by offering, at no additional charge,

  • (a) in the case of a child who is four years of age or younger, a seat that is adjacent to their parent, guardian or tutor’s seat;

  • (b) in the case of a child who is 5 to 11 years of age, a seat that is in the same row as their parent, guardian or tutor’s seat, and that is separated from that parent, guardian or tutor’s seat by no more than one seat; and

  • (c) in the case of a child who is 12 or 13 years of age, a seat that is in a row that is separated from the row of their parent, guardian or tutor’s seat by no more than one row.

• Marginal note:Difference in price

  (3) If a passenger is assigned a seat in accordance with subsection (2) that is in a lower class of service than their ticket provides, the carrier must reimburse the price difference between the classes of service, but if the passenger chooses a seat that is in a higher class of service than their ticket provides, the carrier may request supplementary payment representing the price difference between the classes of service.

Baggage

Marginal note:Lost or damaged baggage

• 23 (1) If a carrier admits to the loss of baggage, or if baggage is lost for more than 21 days or is damaged, the carrier must provide compensation equal to or greater than the sum of

  • (a) the fees paid for that baggage,

  • (b) in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and

  • (c) in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air set out in Schedule VI to that Act, if the carrier were conducting international carriage of baggage within the meaning of paragraph 1 of Article 1 of that Convention.

• Marginal note:Temporary loss

  (2) If baggage is lost for 21 days or less, the carrier must provide compensation equal to or greater than the sum of

  • (a) the fees paid for that baggage,

  • (b) in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and

  • (c) in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier for delay in the carriage of baggage in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air set out in Schedule VI to that Act, if the carrier were conducting international carriage of baggage within the meaning of paragraph 1 of Article 1 of that Convention.

Marginal note:Musical instruments

• 24 (1) A carrier must establish terms and conditions with regard to

  • (a) musical instruments that may be carried in the cabin or that must be checked, including

    • (i) restrictions with respect to size and weight,

    • (ii) restrictions with respect to quantity, and

    • (iii) the use of stowage space in the cabin;

  • (b) fees for transporting instruments; and

  • (c) passenger options if, because a flight will occur on a different aircraft than expected, there is insufficient stowage space in the cabin.

• Marginal note:Obligation to carry

  (2) A carrier must accept musical instruments as checked or carry-on baggage, unless accepting an instrument is contrary to general terms and conditions in the carrier’s tariff with respect to the weight or dimension of baggage or to safety.

Advertising

Marginal note:Definitions

25 The following definitions apply in this section and sections 27 to 31.

air transportation charge

air transportation charge means, in relation to an air service, every fee or charge that must be paid upon the purchase of the air service, including the charge for the costs to the carrier of providing the service, but excluding any third party charge. (frais du transport aérien)

third party charge

third party charge means, in relation to an air service or an optional incidental service, any tax or prescribed fee or charge established by a government, public or airport authority or agent or mandatary of a government or public or airport authority, that upon the purchase of the service is collected by the carrier or other seller of the service on behalf of the government, public or airport authority or the agent or mandatary for remittance to it. (somme perçue pour un tiers)

total price

total price means

• (a) in relation to an air service, the total of the air transportation charges and third party charges that must be paid to obtain the service; and

• (b) in relation to an optional incidental service, the total of the amount that must be paid to obtain the service, including all third party charges. (prix total)

Marginal note:Subsection 86.1(2) of the Act

26 For the purposes of subsection 86.1(2) of the Act and sections 25 to 31, a prescribed fee or charge is one that is fixed on a per person or ad valorem basis.

Marginal note:Application

• 27 (1) Subject to subsection (2), sections 28 to 31 apply to advertising in all media of prices for air services within, or originating in, Canada.

• Marginal note:Exception

  (2) Sections 28 to 31 do not apply to an advertisement that relates to

  • (a) an air cargo service;

  • (b) a package travel service that includes an air service and any accommodation, surface transportation or entertainment activity that is not incidental to the air service; or

  • (c) a price that is not offered to the general public and is fixed through negotiation.

• Marginal note:Medium to advertise

  (3) Sections 28 to 31 do not apply to a person who provides another person with a medium to advertise the price of an air service.

Marginal note:Information in advertisement

• 28 (1) A person who advertises the price of an air service must include the following information in the advertisement:

  • (a) the total price that must be paid to the advertiser to obtain the air service, expressed in Canadian dollars and, if it is also expressed in another currency, the name of that currency;

  • (b) the point of origin and point of destination of the service and whether the service is one-way or round-trip;

  • (c) any limitation on the period during which the advertised price will be offered and any limitation on the period for which the service will be provided at that price;

  • (d) the name and amount of each tax, fee or charge relating to the air service that is a third party charge;

  • (e) each optional incidental service offered for which a fee or charge is payable and its total price or range of total prices; and

  • (f) any published tax, fee or charge that is not collected by the advertiser but must be paid at the point of origin or departure by the person to whom the service is provided.

• Marginal note:Third party charges

  (2) A person who advertises the price of an air service must set out all third party charges under the heading “Taxes, Fees and Charges” unless that information is only provided orally.

• Marginal note:Air transportation charges

  (3) A person who makes a reference to an air transportation charge in an advertisement must set the charge out under the heading “Air Transportation Charges” unless that information is only provided orally.

• Marginal note:One direction of round-trip service

  (4) A person who advertises the price of one direction of a round-trip air service is exempt from the application of paragraph (1)(a) if the following conditions are met:

  • (a) the advertised price is equal to 50% of the total price that must be paid to the advertiser to obtain the service;

  • (b) it is clearly indicated that the advertised price relates to only one direction of the service and applies only if both directions are purchased; and

  • (c) the advertised price is expressed in Canadian dollars and, if it is also expressed in another currency, the name of that other currency is specified.

• Marginal note:Readily obtainable information

  (5) A person is exempt from the requirement to provide the information referred to in paragraphs (1)(d) to (f) in their advertisement if the following conditions are met:

  • (a) the advertisement is not interactive; and

  • (b) the advertisement mentions a location that is readily accessible where all the information referred to in subsection (1) can be readily obtained.

Marginal note:Total price readily determinable

29 A person must not provide information in an advertisement in a manner that could interfere with the ability of anyone to readily determine the total price that must be paid for an air service or for any optional incidental service.

Marginal note:Distinction — tax and charges

30 A person must not set out an air transportation charge in an advertisement as if it were a third party charge or use the term “tax” in an advertisement to describe an air transportation charge.

Marginal note:Name of third party charge

31 A person must not refer to a third party charge in an advertisement by a name other than the name under which it was established.

Administrative Monetary Penalties

Marginal note:Designation

32 The provisions, requirements and conditions set out in column 1 of the schedule are designated for the purposes of subsection 177(1) of the Act.

Marginal note:Maximum amount payable

33 The maximum amount payable in respect of a contravention of a provision, requirement or condition set out in column 1 of the schedule is the amount

• (a) in respect of a corporation, set out in column 2; and

• (b) in respect of an individual, set out in column 3.

Transitional Provisions

Marginal note:Subsection 2(1)

• 34 (1) Subsections 2(1) and (2) do not apply in respect of section 22 before December 15, 2019.

• Marginal note:Delay and cancellation

  (2) Subsections 2(1) and (2), paragraphs 10(3)(b) and (c), 11(3)(b) and (c) and (4)(b) and (c), 12(2)(b) to (d) and (3)(b) to (d) and 13(1)(b) to (d) and sections 17 and 18 do not apply in respect of a delay or cancellation of a flight before December 15, 2019.

Amendments to these Regulations

35 [Amendments]

36 [Amendments]

Consequential Amendments

Air Transportation Regulations

37 [Amendments]

38 [Amendments]

39 [Amendments]

40 [Amendments]

41 [Amendments]

42 [Amendments]

43 [Amendments]

Canadian Transportation Agency Designated Provisions Regulations

44 [Amendments]

45 [Amendments]

Coming into Force

Marginal note:July 15, 2019

• 46 (1) Subject to subsections (2) and (3), these Regulations come into force on July 15, 2019.

• Marginal note:December 15, 2019

  (2) Sections 14, 19, 22, 35 and 36 come into force on December 15, 2019.

• Marginal note:Schedule

  (3) Items 28 to 30, 54 to 62 and 70 to 72 of the schedule come into force on December 15, 2019.