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Air Passenger Protection Regulations (SOR/2019-150)

Regulations are current to 2024-03-06 and last amended on 2019-12-15. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2022-134, s. 1

    • 1 Subsection 2(3) of the French version of the Air Passenger Protection RegulationsFootnote 1 is replaced by the following:

      • Titre de voyage

        (3) Le transporteur émetteur d’un titre de voyage à un passager est responsable envers ce dernier des obligations prévues aux articles 5 et 6 ou, si elles prévoient des conditions plus avantageuses pour celui-ci, de celles figurant dans les tarifs applicables et concernant les mêmes sujets.

  • — SOR/2022-134, s. 2

    • 2 Paragraphs 10(3)(b) and (c) of the Regulations are replaced by the following:

      • (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.

  • — SOR/2022-134, s. 3

      • 3 (1) Paragraph 12(3)(c) of the French version of the Regulations is replaced by the following:

        • c) fournit des arrangements de voyage alternatifs ou un remboursement aux termes de l’article 17;

      • (2) Paragraph 12(3)(d) of the Regulations is replaced by the following:

        • (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.

  • — SOR/2022-134, s. 4

      • 4 (1) The portion of subsection 17(1) of the Regulations before paragraph (a) is replaced by the following:

        • 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:

      • (2) Paragraph 17(2)(a) of the Regulations is replaced by the following:

        • (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

      • (3) Subsection 17(4) of the Regulations is repealed.

      • (4) Subsections 17(6) and (7) of the Regulations are repealed.

  • — SOR/2022-134, s. 5

    • 5 Subsection 18(1) of the Regulations is replaced by the following:

      • 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.

        • 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.

        • 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.

        • 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.

        • 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).

  • — SOR/2022-134, s. 6

    • 6 The Regulations are amended by adding the following after section 18:

      • 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.

        • 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.

      • 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.

        • 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.

  • — SOR/2022-134, s. 7

    • 7 The portion of subsection 19(2) of the Regulations before paragraph (a) is replaced by the following:

      • 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

  • — SOR/2022-134, s. 8

    • 8 Item 45 of the schedule to the Regulations is repealed.

  • — SOR/2022-134, s. 9

    • 9 The portion of items 47 to 51 of the schedule to the Regulations in column 1 is replaced by the following:

      Column 1
      ItemProvision, Requirement or Condition
      47Subsection 18(1)
      48Subsection 18(1.1)
      49Subsection 18(1.2)
      50Paragraph 18(1.4)(a)
      51Paragraph 18(1.4)(b)
  • — SOR/2022-134, s. 10

    • 10 The schedule to the Regulations is amended by adding the following after item 53:

      Column 1Column 2Column 3
      ItemProvision, Requirement or ConditionMaximum Amount Payable — Corporation ($)Maximum Amount Payable — Individual ($)
      53.1Paragraph 18.1(1)(a)25,0005,000
      53.2Paragraph 18.1(1)(b)25,0005,000
      53.3Subsection 18.1(2)25,0005,000
      53.4Subsection 18.2(1)25,0005,000
      53.5Subsection 18.2(2)25,0005,000

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