1. OVERVIEW 

 

NOTE: 

The Air Passenger Protection Regulations (APPR) in Canada are being amended by the Canadian Transportation Agency (CTA} that is the regulator and quasi-judicial tribunal that develops and applies rules to establish the rights and responsibilities of transportation service providers and users, These amendments hopefully will be  in place in the near future with the goal  to clarify the regulations and strengthen air passenger protection. The pending  amendments include: 

• Cost recovery

  The Canada Transportation Act (CTA) will recover some or all of the costs of processing air passenger complaints from the airlines. 

• Exceptional circumstances

  The regulations will eliminate the current three tier convoluted system of airline responsibility and will  have a list of circumstances that are considered exceptional and those that are not. Exceptional circumstances could include security risks, weather, natural disasters, and more. 

• Communication

  Carriers must provide information to passengers about delays, cancellations, and boarding denials. This includes the reason for the issue, compensation, and standard of treatment. Carriers must also communicate status updates every 30 minutes during delays. 

     

 History: On May 24, 2019, the Canadian Transportation Agency (CTA), finalized the Air Passenger Protection Regulations (APPR) which substantially increased the obligations to passengers of airlines flying to, from and within Canada in cases of delayed or cancelled flights, denied boarding, and tarmac delays.

The regulations provide more consistent air passenger rights by imposing certain minimum air carrier requirements including standards of care and possible compensation. The APPRs very much parallel the EUROPEAN UNION 261 regulations , the latter considered the gold standard. 

 

NOTE:  In addition to the minimum compensation for inconvenience described in this guide, a passenger who is delayed while travelling internationally may also be entitled to make a claim under the Montreal or Warsaw Convention for certain damages during international travel. It is recommended that passengers first make these claims with the airline in writing. There is a 2-year time limit for any court action to claim damages under the Montreal Convention.

Montreal Convention 1999 (MC99) is an international air carrier liability treaty entered into by the United States, Canada, and over 135 signatory countries; it covers only international flights. It allows for damages for passenger 's delayed or cancelled flights, bags, and personal injury/death claims. It also contains numerous Articles concerning  air cargo. Note. for example, US and Canadian carriers flying international itineraries will come under MC99 and will have it incorporated in its contract of carriage or tariffs, i.e., lost bags.

​ However, unlike  many of the DOT or EU261 regulations discussed below which allow for set rates of compensation amounts, MC99 functions on a case by case basis and can be more challenging to navigate. If the airline refuses to compensate you under MC99, you may have to apply to the courts to resolve the claim. The wording of its various Articles found within  have been subjected to  countless litigation. Depending on the damage claim, especially personal injury or death, it is suggested that any claims be handled  by a litigator who specializes in MC99 law 

The important treaty function is that it  provides almost world-wide air passenger protections especially in countries that lack any separate legislative protection.

  Some important Articles of this international  treaty are as follows:

Article 17 covers death, injury and baggage damage claims

Article 19 covers Delay claims

Article 21 covers death, injury compensation

Article 22 covers liability limitations

1.  If the carrier cannot prove it took all reasonable measures to avoid delays, cancellations,  reimbursement is up to approximately $7,000 USD. MC99. (Articles does not put potential damages in dollars; it uses Special Drawing Rights (SDR) which is approximately $1.33 to the US dollar}

2. For damaged, delayed or lost bags, liability is capped at 1288 SDR or approximately $1780 USD. 

3. Any injury or death claim will probably come under this treaty; it has a two-tier liability system: (1) strict liability (no carrier fault required) up to approximately $175,000 (USD); (2) carrier has no limits on  liability compensation  but air carrier can defend itself that is was not negligent or otherwise at fault. 

Warsaw Convention (1929)  the initial  private air treaty, preceded the Montreal Convention. A few signatories still use this convention for damages.

 

​ TARIFFS (CONTRACT OF CARRIAGE)

At the time of ticket purchase, the  air carrier and passenger enter into a contract know as tariff, aka contract of carriage.  Every air carrier that offers and/or sells tickets to the public for travel to, from and within Canada must have a tariff. They provide rights, protections and responsibilities to both the carrier  and passenger. The passenger should read together both any legislative protection and the airline tariffs. 

​Contained within these tariffs are the carrier's  fares, rates, charges and terms and conditions of  the air service provided together with other incidental services. The passenger's contractual responsibilities of the carrier  and the legal limits of those responsibilities are stated. Its policies are outlined with respect to its terms and conditions of carriage such as tariff establishing a carrier’s limits of liability; it states the circumstances when a carrier may refuse transportation to passengers; it limits the amount of free baggage and establishes check-in time limits.

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Tariffs include general “terms and conditions” such as:

• the carriage of persons with disabilities

• acceptance of children for travel

• compensation for denied boarding (as a result of overbooking)

• passenger re-routing

• failure to operate the service or operate on schedule

• refund for services purchased but not used, whether in whole or in part, either as a result of the passenger's unwillingness or inability to continue or the carrier’s inability to provide the service for any reason.

• ticket reservation, cancellation, confirmation, validity and loss

• refusal to transport passengers and goods

• how charges are calculated and applied

• limits of liability for passengers and goods (and exclusions from liability)

• time limits for claims (and procedures to be followed)

 

The applicable rules to class of ticket purchased  are explained such as:

• advanced booking requirements

• minimum and maximum stay requirements

• whether your ticket is refundable or if there are penalties to change your ticket

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Carriers are required by law to make their tariff available upon request and can be found::

• any airport terminal where the carrier operates

• a ticket office operated by the carrier

• the carrier’s website (if the site is used to sell tickets)

The following LINK will provide access to tariffs of airlines operating to, from, and within Canada.

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AIR CARRIER PROTECTION REGULATIONS, "APPR," put carriers on notice  of its  obligations and commitments  to passengers in the following areas:

1. Communications;  

2. Delayed or cancelled flights;

3. Denied boarding;

4. Tarmac delays;

5. The seating of children under the age of 14;

6. Lost or damaged baggage;

7. Transportation of musical instruments.

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UNDERSTANDING CARRIER'S DEGREES OF CONTROL OVER FLIGHT DISRUPTIONS​

Knowing what category your flight disruption falls within is the initial starting point to gauge your rights/compensation. The  carriers have the following obligations  in case of flight disruptions, depending on  carrier’s control over the given disruption:

1. Situation “within” airline control. Carrier obligations:

 (a) compensation

 (b) standard of treatment;

 (c) completion of itinerary;

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2. Situation within airline control but “required for safety purposes”; no compensation, but, 

(a) standard of treatment;  

(b) completion of  itinerary; 

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3. Situation outside airline control: no compensation, but, 

 (a) completion of  itinerary only.

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Definitions of situations within and outside carrier's control

1. Situations within airline control: any situations not covered by the two categories below,  such as:

(i) overbooking;

(ii) scheduled maintenance of an aircraft that is necessary to comply with legal requirements; 

(iii) mechanical malfunction of the aircraft identified during scheduled maintenance.

 

2. Situations within airline control but required for safety purposes: 

(i) unforeseen events legally required to reduce safety risk to passengers;

(ii)  includes mechanical problems, it does not include scheduled maintenance or mechanical problems identified during scheduled maintenance;

iii)  Safety decisions made by the pilot and those made under an airline's Safety Management System.

 

3. Situations outside airline control include: 

(a) war or political instability;

(b) illegal acts or sabotage;

(c) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;

 (d) instructions from air traffic control;

(e) Notice to Airmen (as defined in the Canadian Aviation Regulations);

(f) security threat;

(g) airport operation issues;

(h) medical emergency;

(i) collision with wildlife;

(j) labor disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider;

(k) manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority;                      

 (l) order or instruction from an official of a state or a law enforcement agency or from a person

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2. CLEAR COMMUNICATIONS

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General information

​APPRs require that passengers be informed of their rights in a timely, clear and accessible way. Carriers must provide passengers with information in simple, clear and concise language on carrier’s terms and conditions of carriage for:

(a) Flight delay or cancellation;

(b) Denial of boarding;

(c) Lost or damaged baggage; and

(d) The seating of children under 14 years of age.

This information must be provided electronically and on all carrier provided travel documentation which can be done via a hyperlink to the carrier’s website. Carriers are required to make reasonable efforts to ensure that official ticket resellers provide this information to customers.

During a flight disruption

Passengers must  regularly be  informed if any flight disruptions, i.e., flight and tarmac delays; flight cancellations; and denial of boarding.

Passengers must be notified of flight  disruptions as soon as is feasible through an audible announcement, visual (upon request), and customer selected method, i.e., e-mail, SMS.

Carriers must  provide flight status updates every 30 minutes until a  confirmed  new departure time. The carrier  must offer any new status information to passengers as soon as is feasible, which may be sooner than 30 minutes after the last update.

In addition, carriers  have to provide passengers with information on the applicable standards of treatment and compensation. Carriers  also have to tell passengers about their recourse options, including the ability to make a complaint to the Canadian Transportation Agency (CTA).

 

Accessibility for persons with disabilities

 Communication must be  accessible to persons with disabilities. Any digital format must be compatible with adaptive technologies used by persons with disabilities. Any paper format must  be able to be provided in large print, Braille or a digital format, upon request.

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3. FLIGHT DELAYS & CANCELLATIONS

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COMPENSATION

​Airlines are required to pay passengers compensation for flight delays or cancellations that are "within their control" and "not" related to safety. Compensation is based on the length of delay at their final destination and if a large or small airline:

                    Large Airlines

Length of delay                 AMOUNT (CDN)   

 3-6 HOURS                         $400

 6-9 HOURS                         $700    

 9+ HOURS                         $1000              

 

                  Small Airlines

 3-6 HOURS                        $125

 6-9 HOURS                        $250

 9+ HOURS                         $500

 

NB!! Compensation claim must be made within 1 year with carrier  which  operated the disrupted flight. The airline has 30 days to respond by issuing a payment or indicating why it believes compensation is not owed.

Airlines MUST offer  compensation in monetary form. They can also offer alternative forms of compensation (e.g., vouchers or rebates), but passengers  have the right to receive cash. Any alternative compensation offered has to be of higher value than the monetary compensation that is required, and can never expire.

 

STANDARDS OF CARE

APPRs establish minimum standards of care  that airlines have to provide to passengers for delays at departure that are within their control, or within their control and required for safety purposes.

After a  2 hour departure delay, the airline operating the disrupted flight has to provide:

1. food and drink in reasonable quantities; and

2. a means of communication (e.g., free Wi-Fi).

If an overnight delay, carrier must offer hotel or other comparable accommodation at no charge, and free transportation to and from.

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Rebooking and refund

For all types of flight delays or cancellations, i.e., within the control of the carrier or not, it has to ensure passengers reach their final destination. When a flight is cancelled, or once a delay reaches 3 hours, an airline must also offer alternate travel arrangements in the same class of service and using a reasonable route.

(i) The airline must rebook the passenger on the next available flight operated by them or an airline with which they have a commercial agreement.

​(ii) If the situation is within the airline's control (whether or not it's related to safety), if that next available flight would not leave within 9 hours of the original departure time, a large carrier must rebook the passenger on a flight operated by any airline. This could mean booking a ticket with a competing airline.

​(iii) If a large airline is unable to rebook a passenger on a flight leaving the same airport within 48 hours of the original departure time, they have to book the passenger on a flight leaving another airport, if there is an option nearby.

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For disruptions other than those outside the airline's control, a passenger would be entitled to a refund instead of rebooking, if:

1. the arrangements offered do not meet their travel needs; or

2. there is no longer any purpose to the travel, because of disruption.​

Passengers who experience a flight disruption that is within the airline's control but not required for safety and who choose to take a ticket refund instead of rebooking must still be compensated for inconvenience. Large airlines must pay them $400 and small airlines, $125.

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4. DENIED BOARDING

Denied boarding occurs when there are  too many  passengers with valid tickets for seats available.

Before boarding can be denied to any passenger,  for reasons within its control or not required for safety, carrier  MUST seek volunteers to give up their seat  The airline must put in writing agreed upon volunteer benefits (no regulatory limits) prior to departure. Do not hesitate for a better offer form airline.

Any passenger who is denied boarding for a reason that is within the airline's control and is not required for safety, i.e., intentional overbooking or a change in aircraft due to scheduled maintenance  is entitled to compensation based on length of delay at final destination.

Minimum Levels of Compensation

Length of delay               AMOUNT  (CDN)

     0-6  hours                     $900

    6-9   hours                     $1800

​    9+    hours                     $2400

                  

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Compensation is given at time of  denied boarding. Compensation could be supplemented if a passenger's arrival delay is longer than was expected when initial payment was issued. If payment cannot be made at  new departure time, the carrier must make it within 48 hours.

Carrier denying boarding  must rebook  free of charge, meeting the same obligations as described above for flight delays and cancellations, below. While  waiting  for new flight, carrier  must provide standards of treatment as stated, above.

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 5. TARMAC DELAYS

 Standards of treatment for tarmac delays include working lavatories, proper ventilation and heating/cooling, food and drink, and the ability to communicate to people outside the plane, no charge, if feasible.

After a 3  hour tarmac delay at a Canadian airport, carriers  must return to  gate so  passengers can disembark. However, a aircraft may remain on the tarmac for up to 45 additional minutes, if it is likely to depart within that period and  the required standards of treatment can be provided.

Short extension is intended to ensure that the plane can take off if there is a reasonable prospect of this occurring – so that passengers reach their final destination and do not suffer further inconvenience caused by a flight cancellation.

However, if take off is not likely to occur within that 45 minute window, the aircraft must  return to  gate. Under no circumstances can carrier exceed this time, unless prevented for reasons related to safety, security, customs or air traffic control.

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6. BAGGAGE ISSUES

Montreal Convention, (1999) is  an international air transport treaty  Canada being a party, holds carriers liable for baggage that is damaged, delayed or lost during international travel, up to approximately $2350, subject to currency exchange rates.

Passengers travelling within Canada, carrier is  liable for up to the same amount for baggage that is lost or damaged during  domestic travel. 

Delayed baggage, the applicable limits of liability and related terms and conditions are those set out by carriers in their domestic tariffs (the contract of transport between the passenger and the airline), which are expected to be consistent with the Montreal Convention.

Expense claim must be filed  in writing to carrier. Damaged baggage claim must be submitted within seven days after baggage receipt. Potential lost baggage claim should be submitted as soon as possible. For delayed baggage during international travel, claim must be submitted within 21 days after receiving the baggage. For domestic delayed baggage, the claim should be submitted as soon as possible and no later than the time limit found in the terms and conditions applicable to the ticket.

APPRs require  reimbursement for any baggage fees paid if their baggage is damaged or lost. For delayed baggage, obligations regarding fees charged for baggage would be outlined in the airline's tariff.

 

Transportation of musical instruments

Carrier tariffs must include terms and conditions re musical instruments as checked or carry-on baggage. This include:

1. Weight, size and quantity restrictions;

2. Cabin storage options;

3. Options in the event of aircraft downgrading; and

4. Fees for transporting musical instruments.

A  carrier “no instrument  carry policy” does not meet the APPR requirements.

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7. SEATING OF CHILDREN

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Airlines have to, at no extra cost and at the earliest opportunity, help seat children under the age of 14 near to their parent, guardian or tutor. The proximity depends on the age of the child:

Under the age of 5:

in a seat adjacent to their parent, guardian or tutor.

Aged 5 to 11:

in the same row and separated by no more than one seat from their parent, guardian or tutor.

Aged 12 or 13:

separated by no more than a row from the parent, guardian or tutor.

Carriers must have  a policy for unaccompanied minors, and prohibit minors under the age of five from travelling without their parent or an accompanying person who is at least 16 years old.

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​Carriers could be subject to administrative monetary penalties of up to $25,000 per incident for non-compliance. In the event of an air travel-related dispute that cannot be resolved directly by a passenger and an airline, the passenger can make complaint to CTA.​​  

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8. FILING A COMPLAINT

Complain initially with the airline. You must contact the airline first and give them 30 days to respond in writing. Always remember, you catch more flies with honey than vinegar!! As a rule, airlines have trouble-shooters at the airports (they're usually called Customer Service Representatives) who can take care of many problems on the spot. They can often arrange meals and hotel rooms for stranded passengers, write checks for denied boarding compensation, arrange luggage resolutions, and settle other routine claims or complaints​

If unresolved at  the airport and you want to file a written  complaint (CARRIER ADDRESSES), or file the complaint on the airline's web site. 

Take notes at the time the incident occurred and jot down the names of the carrier employees with whom you dealt.

Keep all of your travel documents (ticket or confirmation, baggage check stubs, boarding pass, etc.) as well as receipts for any out-of-pocket expenses that were incurred as a result of the mishandling.

Take pictures, as you see fit. pictures, if need be.  

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In writing your complaint, some helpful tips:

If you send a letter, type it and, if at all possible, limit it to two pages.

Include your daytime telephone number (with area code).

No matter how angry you might be, keep your letter or email businesslike in tone and don't exaggerate what happened. If the complaint sounds very vehement or sarcastic, you might wait a day and then consider revising it.

Describe what happened, and give dates, cities, and flight numbers or flight times.

Where possible, include copies, never originals, of tickets and receipts or other documents that can back up your claim. If originals must be given, ask for copy or take picture of paper(s)

Include the names of any employees who were rude or made things worse, as well as anyone who might have been especially helpful.

Don't clutter your complaint with a litany of petty gripes that can obscure what you're really angry about.

Let the airline know if you've suffered any special inconvenience or monetary losses.

Say just what you expect the carrier to do to make amends. An airline may offer to settle your claim with a check or some other kind of compensation, possibly free transportation. You might want a written apology from a rude employee or reimbursement for some loss you incurred; airline needs to know what you want before it can decide what action to take. DO NOT OVERREACH!

Be reasonable. If your demands are way out of line, you are rude or sarcastic, or you use vulgar language, at best your letter might earn you a polite apology and a place in the airline's crank files.

If the carrier's response is unsatisfactory, you can file a complaint against the airline through the Canadian Transportation Agency website.

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CANADIAN TRANSPORTATION AGENCY (CTA): FILING A  COMPLAINT

If the above direct complaint to the carrier fails to achieve the desired results, consider filing an online complaint with the CTA..

Step 1: Passenger complaint form submitted

You submit your complaint using the online complaint form. The form collects the information and documents you will need to support your case.

Note: Due to a high volume of complaints, there will be a delay between when a complaint is submitted and waits in the queue and when the complaint process will start.

Step 2: Complaint resolution process starts

The CTA issues a "Start Notice" to you and the airline that starts the resolution process.

Step 3: Airline answer and passenger reply

The airline will be given a maximum of 14 calendar days to review your complaint and provide information and/or documents to support its answer to your complaint. They can also indicate if they want to try mediation.

Once the airline provides its answer, you will be notified. You can review the information submitted. You have the option of submitting a reply within 4 calendar days of the airline's reply. You can also indicate if you want to try mediation.

Important: The airline has the option to try to settle the complaint directly with you at any point during the process, without involving the CTA.

Step 4: Eligibility review

A CTA Complaints Resolution Officer will determine if your complaint meets the following criteria: 

1. Your complaint has to involve a flight incident that the CTA can address, such as a flight delay. CTA cannot address such matters as airport security, screening or airline customer service.

2. You, or the people you are submitting the complaint for, actually experienced the flight incident raised in your complaint. For example, you cannot submit a complaint about something that you heard about on the news.

3. You are looking for compensation, a refund, or reimbursement for expenses from the airline related to the flight incident raised in your complaint. The CTA cannot award compensation for pain and suffering, or loss of income.

4. You have already sent your complaint to the airline in writing before submitting the complaint to the CTA, waited 30 days for the airline's answer, and your complaint remains unresolved.

5.  Your complaint cannot be vexatious or made in bad faith.

If your complaint does not meet all of these criteria, it may be found ineligible and you will be notified. 

You should note, if it is clear from the information provided in your complaint, that the airline has fulfilled its obligations under the tariff (the legal document that contains the terms, conditions and other rules that apply to your airline ticket), the complaint may be ineligible. For example, if the airline has already provided you with the compensation you were owed, your complaint would not move forward.

Step 5: Informal resolution (mediation) Optional

If your complaint has moved forward, the next step in the process is mediation, where you and the airline have the opportunity to try to resolve your complaint informally. Mediation must start within 30 days of receiving the Start Notice.

If you and/or the airline do not agree to mediation:

Your complaint will move forward to step 6 for a final decision.

If you and the airline agree to mediation:

The Complaints Resolution Officer prepares a package for you and the airline. It will include information and documents provided by you and the airline, as well as the applicable regulations and terms and conditions of your airline ticket.

If the informal resolution is successful, and you and the airline come to an agreement, you would withdraw your complaint and the complaint process would end. If the informal resolution IS NOT successful, and you and the airline do not come to an agreement, then the Complaints Resolution Officer will move forward for a final decision.

Step 6: Final decision

The Complaints Resolution Officer will analyze and evaluate the positions and evidence provided by you and the airline. Within 90 days of the Start Notice, they will issue a confidential and binding decision that will determine whether the airline met its obligations and if a remedy (compensation, refund, or reimbursement) should be ordered. This ends the complaint process.

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File a Complaint With the Better Business Bureau 

Another way to resolve your dispute with an airline is to file a complaint with the Better Business Bureau. The Better Business Bureau (“BBB”), is a nonprofit that serves as an intermediary between consumers and airlines. 

The BBB will review your complaint, forward it to the airline, and then give them a certain period of time to respond to your complaint. The BBB cannot force an airline to resolve your complaint or respond to your complaint. 

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What if Filing a Complaint Doesn’t Work? Consider Suing In Small Claims Court

Unlike the DOT, FAA, and BBB, small claims court  actually has the authority to force an airline to make things right. This is because a judge will decide your complaint against an airline and will issue a decision on who is right between you and the airline. Small claims courts are known as the Peoples' Courts as they were created to give people without an attorney a chance of getting justice. The process is quick and affordable. The court clerk's office will provide guidance in how to file a small claims complaint.

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