Canada Transportation Act (S.C. 1996, c. 10)

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.