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Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

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Assented to 2023-06-22

PART 4Various Measures (continued)

DIVISION 221996, c.10Canada Transportation Act (continued)

Amendments to the Act (continued)

444 (1) Section 127.1 of the Act is amended by adding the following after subsection (1):
- Marginal note:Interswitching rate — Prairies
  (1.1) The Agency shall, no later than 90 days after the day on which this subsection comes into force, determine the rate per car to be charged for interswitching traffic within a zone that includes a point of origin or destination of a continuous movement of traffic that is located in whole or in part in Manitoba, Saskatchewan or Alberta and is within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, for the calendar year in which this subsection comes into force.
(2) Subsection 127.1(4) of the French version of the Act is replaced by the following:
- Marginal note:Publication de la méthode
  (4) L’Office publie, quand il fixe le prix au titre du paragraphe (1), la méthode qu’il a suivie pour le faire.
(3) Section 127.1 of the Act is amended by adding the following after subsection (4):
- Marginal note:Publication of method — subsection (1.1)
  (4.1) The Agency shall, when it makes its determination under subsection (1.1), publish the method that it followed for determining the rate.
(4) Section 127.1 of the Act is amended by adding the following after subsection (5):
- Marginal note:Publication — subsection (1.1)
  (6) The Agency shall, no later than 90 days after the day on which this subsection comes into force, publish the rate determined under subsection (1.1) on its Internet site.

445 The Act is amended by adding the following after section 127.1:

Marginal note:Repeal

127.2 This section and subsections 127(2.1) and (5) to (7) and 127.1(1.1), (4.1) and (6) are repealed on the day that, in the 18th month after the month in which subsection 127(2.1) comes into force, has the same calendar number as the day on which that subsection 127(2.1) comes into force or, if that 18th month has no day with that number, the last day of that 18th month.

446 Section 177 of the Act is amended by adding the following after subsection (2):

Marginal note:Certain provisions
(2.001) The contravention of any provision of a regulation made under section 47.1 or subsection 50(1.001) or of any provision of an order made under subsection 51.5(1) or the contravention of any of subsections 51(1), (3) and (4) and 51.11(1) and (2) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

447 The portion of subsection 178(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Notices of violation

178 (1) The Agency, in respect of a violation referred to in subsection 177(1), (2.1) or (3), or the Minister, in respect of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), may

448 (1) The portion of subsection 178.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Other powers of enforcement officers
- 178.1 (1) An enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of this Act or of any regulation, order or direction made under this Act or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose,
(2) Paragraph 178.1(1)(i) of the Act is replaced by the following:
- (i) order the owner or person having possession of any thing to which any provision of this Act or of any regulation, order or direction made under this Act or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

449 Section 179 of the Act is amended by adding the following after subsection (3):

Marginal note:Continuing violation
(4) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

450 Subsection 180.8(2) of the Act is replaced by the following:

Marginal note:Delegation by Minister
(2) In the case of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on the Minister under this Part.

Coming into Force

Marginal note:90th day after royal assent

451 Sections 443 and 445 come into force on the 90th day after the day on which this Act receives royal assent.

DIVISION 23Air Travel Complaints

1996, c. 10Canada Transportation Act

452 Section 34 of the Canada Transportation Act is replaced by the following:

Marginal note:Fees and charges

34 (1) The Agency may, after consulting with the Minister, make rules respecting the fees and charges to be paid in relation to the administration or enforcement of any provision of this Act or the regulations whose administration or enforcement is the responsibility of the Agency.
Marginal note:Consultation
(2) Before making a rule under subsection (1), the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.
Marginal note:Debt due to His Majesty
(3) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

453 Paragraph 67(1)(c) of the Act is replaced by the following:

(c) retain a record of its tariffs, and publish them on its Internet site, for a period of not less than three years after the tariffs have ceased to have effect.

454 Section 67.1 of the Act is repealed.

455 Subsection 67.2(1) of the Act is replaced by the following:

Marginal note:Unreasonable or unduly discriminatory terms or conditions

67.2 (1) If the Agency finds that the holder of a domestic licence has applied terms or conditions of carriage applicable to the domestic service it offers that are unreasonable or unduly discriminatory, the Agency may suspend or disallow those terms or conditions and substitute other terms or conditions in their place.

456 Section 67.3 of the Act is repealed.

457 Section 67.4 of the Act is repealed.

458 Subsections 68(1) and (1.1) of the Act are replaced by the following:

Marginal note:Non-application of fares, etc.

68 (1) Sections 66 to 67.2, 85.04 and 85.07 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential.
Marginal note:Non-application of terms and conditions
(1.1) Sections 66 to 67.2, 85.04 and 85.07 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees.

459 Section 85.1 of the Act and the heading before it are replaced by the following:

Carrier’s Obligation

Marginal note:Process for claims

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.
Marginal note:Period to communicate decision
(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

Air Travel Complaints

Marginal note:Complaint resolution officers

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.
Marginal note:Limits on powers and duties
(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.
Marginal note:Clarification — proceedings
(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

Marginal note:Non-application of certain provisions

85.03 Sections 17, 25 and 36.1 do not apply in respect of any matter that may be dealt with under sections 85.04 to 85.12.

Marginal note:Complaints related to tariffs

85.04 (1) A person may file a complaint in writing with the Agency if
- (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;
- (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;
- (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and
- (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.
Marginal note:Refusal to deal with complaint
(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that
- (a) the criteria set out in subsection (1) have not been met;
- (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or
- (c) the complaint is vexatious or made in bad faith.

Marginal note:Mediation

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.
Marginal note:Filing of mediation agreement
(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

Marginal note:Decision on complaint

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,
- (a) make an order under subsection 85.07(1); or
- (b) make an order dismissing the complaint.
Marginal note:Status of order
(2) An order referred to in subsection (1) is not an order or decision of the Agency.

Marginal note:Order related to tariffs

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to
- (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and
- (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.
Marginal note:Onus
(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.
Marginal note:Filing of order and enforcement
(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

Marginal note:Prior decisions to be taken into account

85.08 In regards to the issue of whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, a complaint resolution officer who is dealing with a complaint in respect of a flight shall take into account any prior decision on that issue that is contained in an order made by a complaint resolution officer in respect of that flight.

Marginal note:Confidentiality of information

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.
Marginal note:Communication of information
(2) Subsection (1) does not apply so as to prohibit
- (a) the communication of information to the Agency;
- (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or
- (c) the making public by the Agency of information under sections 85.14 and 85.15.

Marginal note:Procedure

85.1 Subject to the procedure set out in the guidelines referred to in section 85.12, a complaint resolution officer shall deal with complaints in the manner that they consider appropriate in the circumstances.

Marginal note:Assistance by Agency

85.11 The Agency may, at a complaint resolution officer’s request, provide administrative, technical and legal assistance to the complaint resolution officer.

Marginal note:Guidelines

85.12 (1) The Agency may issue guidelines
- (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and
- (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.
Marginal note:Guidelines binding
(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).
Marginal note:Publication
(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.
Marginal note:Statutory Instruments Act
(4) The Statutory Instruments Act does not apply to the guideline.

Marginal note:Referral to panel

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.
Marginal note:Clarification – panels
(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

Marginal note:Publication — order or summary of order

85.14 (1) The Agency shall make public
- (a) in the case of an order made by a single complaint resolution officer
  - (i) the number of the flight to which the order relates,
  - (ii) the date of departure of the flight that is indicated on the complainant’s ticket,
  - (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and
  - (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and
- (b) subject to subsection (2), in the case of an order made by a panel, the entire order.
Marginal note:Exception
(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

Marginal note:Part of annual report

85.15 The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under subsection 85.04(1), the names of the carriers against whom the complaints were made, the number of complaints for which an order was made under subsection 85.07(1) and the systemic trends observed.