Air Passenger Protection Regulations

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.