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

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.