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After three months of consultations with the travelling public, consumer rights groups, and other interested groups, the Canadian Transportation Agency (CTA) has come up with a new set of proposed Air Passenger Protection Regulations.
The proposals will be published in Part I of the Canada Gazette on December 22, 2018 for public review and comment. The regulations are being made by the CTA under the Canada Transportation Act, as amended by the Transportation Modernization Act on May 23, 2018.
Once in force, the regulations will establish airline’s minimum obligations toward passengers – including standards of treatment and in some circumstances, minimum compensation – for flights to, from and within Canada.
Highlights of the proposed regulations include:
- A requirement that airlines communicate in a simple, clear way with passengers regarding their rights and recourses, and provide the reasons for flight delays and cancellations;
- The obligation for airlines to provide passengers with food, drink, and accommodation when their flights are delayed;
- Compensation of up to $1,000 for flight delays and cancellations within an airline’s control that are not safety-related;
- Compensation of up to $2,400 if a passenger is denied boarding because an airline has over-booked the flight or because of other actions within an airline’s control;
- Rebooking and refund entitlements when flights are delayed, including, in some cases, the obligation for an airline to use a competing airline to get passengers to their destination;
- A requirement that passengers be allowed to leave the airplane, when it’s safe to do so, if a tarmac delay lasts for over three hours and there’s no prospect of an imminent take-off;
- A requirement that airlines facilitate the seating of children under 14 years in close proximity to an accompanying adult, at no extra charge;
- Compensation for lost or damaged baggage, including a refund of any baggage fees;
- Clarity on the policies that airlines must establish regarding the transportation of musical instruments; and
- Administrative monetary penalties of up to $25,000 for airlines’ non-compliance with their obligations under these regulations.
The complete text of the regulations will be available on December 22 in Part I of the Canada Gazette. Comments can be submitted to consultations@otc-cta.gc.ca until February 20, 2019.
The CTA will review all comments received following the pre-publication of the proposed regulations in Part I of the Canada Gazette and may propose adjustments based on this feedback.
Once approved, the final regulations will be published in Part II of the Canada Gazette. The regulations are expected to come into force in summer 2019.