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Air Passenger Protection Regulations (SOR/2019-150)

Regulations are current to 2022-11-16 and last amended on 2022-09-08. Previous Versions

Delay, Cancellation and Denial of Boarding (continued)

Marginal note:Compensation for delay or cancellation

  •  (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

  •  (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

 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

  •  (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

  •  (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.

Marginal note:Musical instruments

  •  (1) A carrier must establish terms and conditions with regard to

    • (a) musical instruments that may be carried in the cabin or that must be checked, including

      • (i) restrictions with respect to size and weight,

      • (ii) restrictions with respect to quantity, and

      • (iii) the use of stowage space in the cabin;

    • (b) fees for transporting instruments; and

    • (c) passenger options if, because a flight will occur on a different aircraft than expected, there is insufficient stowage space in the cabin.

  • Marginal note:Obligation to carry

    (2) A carrier must accept musical instruments as checked or carry-on baggage, unless accepting an instrument is contrary to general terms and conditions in the carrier’s tariff with respect to the weight or dimension of baggage or to safety.

Advertising

Marginal note:Definitions

 The following definitions apply in this section and sections 27 to 31.

air transportation charge

air transportation charge means, in relation to an air service, every fee or charge that must be paid upon the purchase of the air service, including the charge for the costs to the carrier of providing the service, but excluding any third party charge. (frais du transport aérien)

third party charge

third party charge means, in relation to an air service or an optional incidental service, any tax or prescribed fee or charge established by a government, public or airport authority or agent or mandatary of a government or public or airport authority, that upon the purchase of the service is collected by the carrier or other seller of the service on behalf of the government, public or airport authority or the agent or mandatary for remittance to it. (somme perçue pour un tiers)

total price

total price means

  • (a) in relation to an air service, the total of the air transportation charges and third party charges that must be paid to obtain the service; and

  • (b) in relation to an optional incidental service, the total of the amount that must be paid to obtain the service, including all third party charges. (prix total)

Marginal note:Subsection 86.1(2) of the Act

 For the purposes of subsection 86.1(2) of the Act and sections 25 to 31, a prescribed fee or charge is one that is fixed on a per person or ad valorem basis.

Marginal note:Application

  •  (1) Subject to subsection (2), sections 28 to 31 apply to advertising in all media of prices for air services within, or originating in, Canada.

  • Marginal note:Exception

    (2) Sections 28 to 31 do not apply to an advertisement that relates to

    • (a) an air cargo service;

    • (b) a package travel service that includes an air service and any accommodation, surface transportation or entertainment activity that is not incidental to the air service; or

    • (c) a price that is not offered to the general public and is fixed through negotiation.

  • Marginal note:Medium to advertise

    (3) Sections 28 to 31 do not apply to a person who provides another person with a medium to advertise the price of an air service.

Marginal note:Information in advertisement

  •  (1) A person who advertises the price of an air service must include the following information in the advertisement:

    • (a) the total price that must be paid to the advertiser to obtain the air service, expressed in Canadian dollars and, if it is also expressed in another currency, the name of that currency;

    • (b) the point of origin and point of destination of the service and whether the service is one-way or round-trip;

    • (c) any limitation on the period during which the advertised price will be offered and any limitation on the period for which the service will be provided at that price;

    • (d) the name and amount of each tax, fee or charge relating to the air service that is a third party charge;

    • (e) each optional incidental service offered for which a fee or charge is payable and its total price or range of total prices; and

    • (f) any published tax, fee or charge that is not collected by the advertiser but must be paid at the point of origin or departure by the person to whom the service is provided.

  • Marginal note:Third party charges

    (2) A person who advertises the price of an air service must set out all third party charges under the heading “Taxes, Fees and Charges” unless that information is only provided orally.

  • Marginal note:Air transportation charges

    (3) A person who makes a reference to an air transportation charge in an advertisement must set the charge out under the heading “Air Transportation Charges” unless that information is only provided orally.

  • Marginal note:One direction of round-trip service

    (4) A person who advertises the price of one direction of a round-trip air service is exempt from the application of paragraph (1)(a) if the following conditions are met:

    • (a) the advertised price is equal to 50% of the total price that must be paid to the advertiser to obtain the service;

    • (b) it is clearly indicated that the advertised price relates to only one direction of the service and applies only if both directions are purchased; and

    • (c) the advertised price is expressed in Canadian dollars and, if it is also expressed in another currency, the name of that other currency is specified.

  • Marginal note:Readily obtainable information

    (5) A person is exempt from the requirement to provide the information referred to in paragraphs (1)(d) to (f) in their advertisement if the following conditions are met:

    • (a) the advertisement is not interactive; and

    • (b) the advertisement mentions a location that is readily accessible where all the information referred to in subsection (1) can be readily obtained.

Marginal note:Total price readily determinable

 A person must not provide information in an advertisement in a manner that could interfere with the ability of anyone to readily determine the total price that must be paid for an air service or for any optional incidental service.

Marginal note:Distinction — tax and charges

 A person must not set out an air transportation charge in an advertisement as if it were a third party charge or use the term “tax” in an advertisement to describe an air transportation charge.

 
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