Air Passenger Protection Regulations (SOR/2019-150)

Marginal note:Delay or cancellation — outside carrier’s control

• 18 (1) If paragraph 10(3)(b) or (c) applies to a carrier, it must provide to the passenger, free of charge, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and departs within 48 hours of the departure time that is indicated on that ticket.

• Marginal note:Passenger’s choice

  (1.1) If a carrier cannot provide a confirmed reservation in accordance with subsection (1), it must, at the passenger’s choice, refund any unused portion of the ticket or provide the following alternate travel arrangements, free of charge:

  • (a) in the case of a large carrier, a confirmed reservation for the next available flight that is operated by any carrier and is travelling on any reasonable air route from the airport at which the passenger is located, or another airport that is within a reasonable distance of that airport, to the destination that is indicated on the passenger’s original ticket and, if the new departure is from an airport other than the one at which the passenger is located, transportation to that other airport; or

  • (b) in the case of a small carrier, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, and is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket.

• Marginal note:Return to point of origin

  (1.2) However, if a passenger who chooses to be refunded is no longer at the point of origin that is indicated on the original ticket and the travel no longer serves a purpose because of the delay or cancellation, the carrier must refund the ticket and provide to the passenger, free of charge, a confirmed reservation for a flight to that point of origin that accommodates the passenger’s travel needs.

• Marginal note:Refund

  (1.3) A passenger who is eligible to be refunded under subsection (1.1) may choose a refund at any time prior to being provided with a confirmed reservation.

• Marginal note:Denial of boarding — outside carrier’s control

  (1.4) If paragraph 10(3)(d) applies to a carrier, it must provide to the passenger, free of charge, the following alternate travel arrangements to ensure that the passenger completes their itinerary as soon as feasible:

  • (a) in the case of a large carrier, the arrangements specified in subsection (1) or, if it cannot provide such arrangements, a confirmed reservation in accordance with paragraph (1.1)(a); or

  • (b) in the case of a small carrier, a confirmed reservation in accordance with paragraph (1.1)(b).

• Marginal note:Comparable services

  (2) To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket.

• Marginal note:Higher class of service

  (3) If the alternate travel arrangements provide for a higher class of service than the original ticket, the carrier must not request supplementary payment.

Marginal note:Refund of additional services

• 18.1 (1) A carrier must refund the cost of any additional services purchased in connection with a passenger’s original ticket if the passenger has been provided with alternate travel arrangements under section 17 or 18 and

  • (a) the passenger did not receive those services; or

  • (b) those services were paid for a second time.

• Marginal note:Refund for lower class of service

  (2) If the alternate travel arrangements provide for a lower class of service than the original ticket, the carrier must refund the difference in the cost of the applicable portion of the ticket.

Marginal note:Method used for refund

• 18.2 (1) All refunds provided under these Regulations must be paid to the person who purchased the ticket or additional service and must be paid using the method used for the original payment, unless

  • (a) the person has been informed in writing of the monetary value of the original ticket or additional service and the availability of a refund by the method used for the original payment;

  • (b) the refund is offered in another form that does not expire; and

  • (c) the person confirms, in writing, that they have been informed of their right to receive the refund by the method used for the original payment and have chosen to receive the refund in another form.

• Marginal note:Refund deadline

  (2) Refunds must be provided by a carrier within 30 days after the day on which the carrier becomes obligated to provide the refund.

Marginal note:Compensation for delay or cancellation

• 19 (1) If paragraph 12(2)(d) or (3)(d) applies to a carrier, it must provide the following minimum compensation:

  • (a) in the case of a large carrier,

    • (i) $400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,

    • (ii) $700, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or

    • (iii) $1,000, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more; and

  • (b) in the case of a small carrier,

    • (i) $125, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,

    • (ii) $250, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or

    • (iii) $500, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.

• Marginal note:Compensation in case of refund

  (2) Despite subsection (1), if paragraph 12(2)(d) or (3)(d) applies to a carrier and the passenger’s ticket is refunded in accordance with subsection 17(2), the carrier must provide a minimum compensation of

  • (a) $400, in the case of a large carrier; and

  • (b) $125, in the case of a small carrier.

• Marginal note:Deadline to file request

  (3) To receive the minimum compensation referred to in paragraph (1) or (2), a passenger must file a request for compensation with the carrier before the first anniversary of the day on which the flight delay or flight cancellation occurred.

• Marginal note:Deadline to respond

  (4) The carrier must, within 30 days after the day on which it receives the request, provide the compensation or an explanation as to why compensation is not payable.

Marginal note:Compensation for denial of boarding

• 20 (1) If paragraph 12(4)(d) applies to a carrier, it must provide the following minimum compensation:

  • (a) $900, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by less than six hours;

  • (b) $1,800, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours; and

  • (c) $2,400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.

• Marginal note:Payment

  (2) The carrier must provide the compensation to the passenger as soon as it is operationally feasible, but not later than 48 hours after the time of the denial of boarding.

• Marginal note:Estimated arrival time

  (3) If the compensation is paid before the arrival of the flight reserved as part of alternate travel arrangements at the destination that is indicated on their ticket, that compensation is determined based on the flight’s expected arrival.

• Marginal note:Written confirmation

  (4) If it is not possible to provide the compensation before the boarding time of the flight reserved as part of alternate travel arrangements, the carrier must provide the passenger with a written confirmation of the amount of the compensation that is owed.

• Marginal note:Adjustment

  (5) If the arrival of the passenger’s flight at the destination that is indicated on their original ticket is after the time it was expected to arrive when the compensation was paid or confirmed in writing and the amount that was paid or confirmed no longer reflects the amount due in accordance with subsection (1), the carrier must adjust the amount of the compensation accordingly.

Marginal note:Compensation for inconvenience

21 A carrier who is required to provide compensation must do so in the form of money, unless

• (a) it offers compensation in another form that has a greater monetary value than the minimum monetary value of the compensation that is required under these Regulations;

• (b) the passenger has been informed in writing of the monetary value of the other form of compensation;

• (c) the other form of compensation does not expire; and

• (d) the passenger confirms in writing that they have been informed of their right to receive monetary compensation and have chosen the other form of compensation.

Assignment of Seats to Children under the Age of 14 Years

Marginal note:Assigning seats

• 22 (1) In order to facilitate the assignment of a seat to a child who is under the age of 14 years in close proximity to a parent, guardian or tutor in accordance with subsection (2), a carrier must, at no additional charge

  • (a) assign a seat before check-in to the child that is in close proximity to their parent, guardian or tutor; or

  • (b) if the carrier does not assign seats in accordance with paragraph (a), do the following:

    • (i) advise passengers before check-in that the carrier will facilitate seat assignment of children in close proximity to a parent, guardian or tutor at no additional charge at the time of check-in or at the boarding gate,

    • (ii) assign seats at the time of check-in, if possible,

    • (iii) if it is not possible to assign seats at the time of check-in, ask for volunteers to change seats at the time of boarding, and

    • (iv) if it is not possible to assign seats at the time of check-in and no passenger has volunteered to change seats at the time of boarding, ask again for volunteers to change seats before take-off.

• Marginal note:Proximity to adult’s seat

  (2) The carrier must facilitate the assignment of a seat to a child who is under the age of 14 years by offering, at no additional charge,

  • (a) in the case of a child who is four years of age or younger, a seat that is adjacent to their parent, guardian or tutor’s seat;

  • (b) in the case of a child who is 5 to 11 years of age, a seat that is in the same row as their parent, guardian or tutor’s seat, and that is separated from that parent, guardian or tutor’s seat by no more than one seat; and

  • (c) in the case of a child who is 12 or 13 years of age, a seat that is in a row that is separated from the row of their parent, guardian or tutor’s seat by no more than one row.

• Marginal note:Difference in price

  (3) If a passenger is assigned a seat in accordance with subsection (2) that is in a lower class of service than their ticket provides, the carrier must reimburse the price difference between the classes of service, but if the passenger chooses a seat that is in a higher class of service than their ticket provides, the carrier may request supplementary payment representing the price difference between the classes of service.

Baggage

Marginal note:Lost or damaged baggage

• 23 (1) If a carrier admits to the loss of baggage, or if baggage is lost for more than 21 days or is damaged, the carrier must provide compensation equal to or greater than the sum of

  • (a) the fees paid for that baggage,

  • (b) in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and

  • (c) in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air set out in Schedule VI to that Act, if the carrier were conducting international carriage of baggage within the meaning of paragraph 1 of Article 1 of that Convention.

• Marginal note:Temporary loss

  (2) If baggage is lost for 21 days or less, the carrier must provide compensation equal to or greater than the sum of

  • (a) the fees paid for that baggage,

  • (b) in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and

  • (c) in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier for delay in the carriage of baggage in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air set out in Schedule VI to that Act, if the carrier were conducting international carriage of baggage within the meaning of paragraph 1 of Article 1 of that Convention.