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

AMENDMENTS NOT IN FORCE

• — 2019, c. 29, s. 277

  • 2007, c. 19, s. 8(4)

    277 Subparagraph 50(1.1)(c)(i) of the Canada Transportation Act is replaced by the following:

    • (i) the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act,

• — 2023, c. 26, s. 443

  • • 443 (1) Section 127 of the Act is amended by adding the following after subsection (2):

      • Order — Prairies

        (2.1) If the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located 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, the Agency may order

        • (a) one of the companies to interswitch the traffic; and

        • (b) the railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them.

    • (2) Section 127 of the Act is amended by adding the following after subsection (4):

      • Interswitching limits — Prairies

        (5) If the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located 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, a railway company must not transfer the traffic at the interchange except in accordance with the regulations and the interswitching rate.

      • Information — traffic

        (6) When providing the Minister with information under regulations made under paragraph 50(1.01)(a), the Canadian National Railway Company and the Canadian Pacific Railway Company are also required to provide the Minister, in the same form and manner, with the following information with respect to any traffic that is moved by a railway car in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5):

        • (a) an indication as to whether the point of origin or destination of the movement of the railway car was located within a radius of 30 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta;

        • (b) an indication as to whether the point of origin or destination of the movement of the railway car was 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;

        • (c) an indication as to whether the railway car was moved by the railway company at the interswitching rate; and

        • (d) if possible, an indication as to whether the railway car was moved by another railway company at the interswitching rate.

      • Additional information

        (7) On request, a railway company must provide to the Minister, in the form and manner specified by the Minister, any of the information or documents that have been provided to the Agency under section 128.1 in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5).

• — 2023, c. 26, s. 445

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

    • 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.

• — 2023, c. 26, s. 454

  • 454 Section 67.1 of the Act is repealed.

• — 2023, c. 26, s. 455

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

    • 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.

• — 2023, c. 26, s. 456

  • 456 Section 67.3 of the Act is repealed.

• — 2023, c. 26, s. 457

  • 457 Section 67.4 of the Act is repealed.

• — 2023, c. 26, s. 458

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

    • 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.

      • 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.

• — 2023, c. 26, s. 459

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

    Carrier’s Obligation

    • 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.

      • 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

    • 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.

      • 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.

      • Clarification — proceedings

        (3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

    • 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.

    • 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.

      • 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.

    • 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.

      • 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.

    • 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.

      • Status of order

        (2) An order referred to in subsection (1) is not an order or decision of the Agency.

    • 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.

      • 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.

      • 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.

    • 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.

    • 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.

      • 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.

    • 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.

    • 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.

    • 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.

      • 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).

      • 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.

      • Statutory Instruments Act

        (4) The Statutory Instruments Act does not apply to the guideline.

    • 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.

      • 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.

    • 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.

      • 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).

    • 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.

    • Fees and charges

      • 85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

      • Carrier’s liability

        (2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

      • Consultation

        (3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

      • Publication

        (4) The Agency shall publish the fees and charges on its Internet site.

      • Debt due to His Majesty

        (5) 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.

      • Spending authority

        (6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

      • Service Fees Act

        (7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

• — 2023, c. 26, s. 460

  • 460 Subsection 85.07(2) of the Act is replaced by the following:

    • Onus

      (2) If a complaint raises an issue as to whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, the exception is presumed not to apply unless the carrier proves the contrary.

• — 2023, c. 26, s. 461

  • 461 Section 85.08 of the Act is replaced by the following:

    • Prior decisions to be taken into account

      85.08 In regards to the issue of whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, 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.

• — 2023, c. 26, s. 462

  • 462 Subparagraph 85.14(1)(a)(iii) of the Act is replaced by the following:

    • (iii) any decision contained in the order in regards to the issue of whether an exception specified by regulations made under paragraph 86.11(1)(b.1) applies, and

• — 2023, c. 26, s. 463

  • 463 Section 85.16 of the Act is repealed.

• — 2023, c. 26, s. 464

  • • 464 (1) Paragraph 86(1)(h) of the Act is amended by adding “and” at the end of subparagraph (ii) and by repealing subparagraphs (iii) and (iii.1).

    • (2) Subsection 86(1) of the Act is amended by adding the following after paragraph (h):

      • (h.1) respecting the process for dealing with claims referred to in section 85.01;

• — 2023, c. 26, s. 465

  • • 465 (1) Subparagraphs 86.11(1)(b)(i) to (iii) of the Act are replaced by the following:

      • (i) the minimum standards of treatment of passengers that the carrier is required to meet, including those that the carrier is required to meet when an exception specified by regulations made under paragraph (b.1) applies,

      • (ii) the minimum compensation the carrier is required to pay for inconvenience,

      • (iii) the carrier’s obligation to ensure that passengers complete their itinerary or, if they are not able to complete it within a reasonable time, receive a refund, and

    • (2) Subsection 86.11(1) of the Act is amended by adding the following after paragraph (b):

      • (b.1) specifying exceptions to the obligation set out in subparagraph (b)(ii);

    • (3) [In force]

    • (4) Subsection 86.11(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:

      • (f.1) respecting the carrier’s obligations with respect to refunds in the event that a person who has reserved space on a flight with the carrier cancels the reservation due to the issuance of a Government of Canada travel advisory; and