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Air Passenger Protection Regulations (SOR/2019-150)

Regulations are current to 2022-09-22 and last amended on 2022-09-08. Previous Versions

Delay, Cancellation and Denial of Boarding (continued)

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 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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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.

 
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