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Air Passenger Protection Regulations (SOR/2019-150)

Regulations are current to 2020-09-09 and last amended on 2019-12-15. Previous Versions

Delay, Cancellation and Denial of Boarding (continued)

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 the following alternate travel arrangements free of charge to ensure that passengers complete 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) in the case where the passenger is no longer at the point of origin that is indicated on the ticket and the travel no longer serves a purpose because of the delay, cancellation or denial of boarding, refund the ticket and provide the passenger with a confirmed reservation that

      • (i) is for a flight to that point of origin, and

      • (ii) 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.

  • Marginal note:Refund of additional services

    (4) A carrier must refund the cost of any additional services purchased by a passenger in connection with their original ticket if

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

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

  • 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.

  • Marginal note:Lower class of service

    (6) 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

    (7) Refunds under this section must be paid by the method used for the original payment and to the person who purchased the ticket or additional service.

 
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