Air Passenger Protection Regulations (SOR/2019-150)

Marginal note:Definitions — Part II of Act

• 1 (1) The following definitions apply in Part II of the Act.

  mechanical malfunction

  mechanical malfunction means a mechanical problem that reduces the safety of passengers but does not include a problem that is identified further to scheduled maintenance undertaken in compliance with legal requirements. (défaillance mécanique)

  required for safety purposes

  required for safety purposes means required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements. (nécessaire par souci de sécurité)

• Marginal note:Definitions — Regulations

  (2) The following definitions apply in these Regulations.

  Act

  Act means the Canada Transportation Act. (Loi)

  arrival

  arrival means the time when one of the doors of an aircraft is opened after it lands to allow passengers to leave the aircraft. (arrivée)

  large carrier

  large carrier means a carrier that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years. (gros transporteur)

  small carrier

  small carrier means any carrier that is not a large carrier. (petit transporteur)

• Marginal note:Denial of boarding

  (3) For the purpose of these Regulations, there is a denial of boarding when a passenger is not permitted to occupy a seat on board a flight because the number of seats that may be occupied on the flight is less than the number of passengers who have checked in by the required time, hold a confirmed reservation and valid travel documentation and are present at the boarding gate at the required boarding time.

• Marginal note:Obligations of small carriers

  (4) For the purpose of these Regulations, a small carrier has the same obligations as a large carrier towards a passenger that it carries on behalf of a large carrier under a commercial agreement with that carrier.