Air Transportation Regulations

113.1 (1) If an air carrier that offers an international service fails to apply the fares, rates, charges or terms and conditions of carriage set out in the tariff that applies to that service, the Agency may, if it receives a written complaint, direct the air carrier to

• (a) take the corrective measures that the Agency considers appropriate; and

• (b) pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and conditions that are applicable to the service it offers and that were set out in the tariff.

(2) If the written complaint is with respect to a term or condition of carriage concerning an obligation prescribed by regulations made under subsection 86.11(1) of the Act, it must have been filed by a person adversely affected by the failure to apply the term or condition.

(3) The Agency may make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b) of the Act, to the extent that it considers appropriate.