Air Passenger Protection Regulations (SOR/2019-150)

Marginal note:Musical instruments

• 24 (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

25 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

26 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

• 27 (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

• 28 (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

29 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

30 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.

Marginal note:Name of third party charge

31 A person must not refer to a third party charge in an advertisement by a name other than the name under which it was established.

Administrative Monetary Penalties

Marginal note:Designation

32 The provisions, requirements and conditions set out in column 1 of the schedule are designated for the purposes of subsection 177(1) of the Act.

Marginal note:Maximum amount payable

33 The maximum amount payable in respect of a contravention of a provision, requirement or condition set out in column 1 of the schedule is the amount

• (a) in respect of a corporation, set out in column 2; and

• (b) in respect of an individual, set out in column 3.

Transitional Provisions

Marginal note:Subsection 2(1)

• 34 (1) Subsections 2(1) and (2) do not apply in respect of section 22 before December 15, 2019.

• Marginal note:Delay and cancellation

  (2) Subsections 2(1) and (2), paragraphs 10(3)(b) and (c), 11(3)(b) and (c) and (4)(b) and (c), 12(2)(b) to (d) and (3)(b) to (d) and 13(1)(b) to (d) and sections 17 and 18 do not apply in respect of a delay or cancellation of a flight before December 15, 2019.

Amendments to these Regulations

35 [Amendments]

36 [Amendments]

Consequential Amendments

Air Transportation Regulations

37 [Amendments]

38 [Amendments]

39 [Amendments]

40 [Amendments]

41 [Amendments]

42 [Amendments]

43 [Amendments]

Canadian Transportation Agency Designated Provisions Regulations

44 [Amendments]

45 [Amendments]

Coming into Force

Marginal note:July 15, 2019

• 46 (1) Subject to subsections (2) and (3), these Regulations come into force on July 15, 2019.

• Marginal note:December 15, 2019

  (2) Sections 14, 19, 22, 35 and 36 come into force on December 15, 2019.

• Marginal note:Schedule

  (3) Items 28 to 30, 54 to 62 and 70 to 72 of the schedule come into force on December 15, 2019.