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Air Passenger Protection Regulations (SOR/2019-150)

Regulations are current to 2020-07-28 and last amended on 2019-12-15. Previous Versions

Delay, Cancellation and Denial of Boarding

Marginal note:Tarmac delay obligations

  •  (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

  •  (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

  •  (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, in the manner set out in section 18, to a passenger who desires such arrangements; and

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

Marginal note:Obligations when required for safety purposes

  •  (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

  •  (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 14 days or less before the original departure time that the arrival of their flight at the destination that is indicated on their ticket will be delayed, 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.

 
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