Canada implements extended air travelers’ rights

Gatineau, QC: Starting yesterday (July 15, 2019), passengers have new rights under the Canadian Transportation Agency’s (CTA) Air Passenger Protection Regulations when they travel by air.

The new regulations require airlines to meet certain obligations towards passengers, such as:

  • Communicating to passengers, in a simple, clear way, information on their rights and recourses and regular updates in the event of flight delays and cancellations;
  • Providing compensation of up to $2,400 for bumping a passenger for reasons within the airlines’ control;
  • Ensuring passengers receive prescribed standards of treatment during all tarmac delays and allowing them to leave the airplane, when it’s safe to do so, if a tarmac delay lasts for over three hours and there is no prospect of an imminent take-off;
  • Providing compensation for lost or damaged baggage of up to $2,100 and a refund of any baggage fees; and
  • Setting clear policies for transporting musical instruments as checked or carry-on baggage

To help passengers navigate their new rights, the CTA has launched an online service for air passengers at airpassengerprotection.ca. This dedicated website is a one-stop-shop for air passengers to learn about their rights, file an travel complaint, and find tips for hassle-free travel.

Beginning December 15, 2019, airlines will also have obligations towards passengers during flight disruptions and when seating children in proximity of a parent or guardian.

“I am pleased to see the first phase of the Air Passenger Protection Regulations are now in effect. With input from air travellers and the air industry, we have created a world-leading approach to air passenger rights that is clear, consistent, transparent and fair,” said Marc Garneau, Canada Minister of Transport.

“I am proud to say that these regulations will apply to all airlines flying to, from, and within Canada, and that airlines will be required to follow these regulations or they could face penalties of up to $25,000 per incident of non-compliance. The new regulations also take into account the realities of small and northern air carriers, as well as ultra-low cost carriers, with requirements adjusted accordingly.

“This is an important day for the millions of Canadians who take flights to see family and friends, visit new places, do business, or seek medical treatment. The Air Passenger Protection Regulations establish clear, fair, balanced obligations that will help ensure fair treatment when people travel by air – whether they’re flying from, to or within this vast country,” said Scott Streiner, Chair and CEO of the Canadian Transportation Agency.

Background:

In May 2018, the CTA began developing Air Passenger Protection Regulations to establish airline obligations towards passengers, including minimum compensation levels and standards of treatment in different circumstances.

The CTA consulted broadly for three months with the travelling public, consumer rights groups, and the airline industry through a variety of channels, including public sessions across the country, online questionnaires, surveys of passengers in airports, face-to-face meetings with key experts and stakeholders, and written submissions and comments. Following pre-publication of the regulations in Part I of the Canada Gazette, the CTA reviewed all feedback received. The CTA took all consultation input into account in finalizing the regulations.

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