DRAFT CONSUMER PROTECTION REGULATIONS PUBLISHED FOR COMMENT BY CANADIAN TRANSPORT AUTHORITY
February 4, 2019
Pursuant to a May 2018 instruction from the Canadian Parliament to develop a standardized set of passenger protection regulations for air travelers, intended to be at least as robust as similar measures in the U.S. and E.U., the Canadian Transport Authority (CTA) has published a draft set of “Air Passenger Protection Regulations” and is seeking input from industry stakeholders. The deadline to comment is February 20, 2019, and the rules are expected to go into effect this summer after revisions are finalized. When passed, air carriers will have new responsibilities to communicate with passengers and to provide set levels of compensation for key events such as delayed or cancelled flights, denied boarding, tarmac delays, and damaged or lost baggage. Certain communications will also be required to be included as part of itinerary documents and on digital sales platforms.
All flights to, from, and within Canada (including connecting flights) will be covered by the new rules. For example, a flight from Shanghai to New York via Toronto would be covered. Carriers will need to provide specific disclosures when a key event occurs, and will be required to take remedial steps depending on the situation and the amount of control the carrier exercises over the source of the problem. For example, passengers generally must be allowed to disembark after tarmac delays exceeding three hours. Regarding compensation, the rules fix amounts due for delays (e.g. C$400 for 3-6 hours) and denied boarding (e.g. C$900 for less than 6 hours) – with escalating amounts the longer delays persist – and will impose requirements in some situations to provide food, communications, rebooking on other carriers, or overnight accommodations. Regarding children, the rules will require carriers to seat children under the age of 14 with their parents at no additional cost and will incorporate ICAO standards on unaccompanied minors. Depending on the provision or regulation violated, carriers can be fined up to C$25,000 for any violation(s).
Please contact us if you would like assistance with comment submission.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
Share This Post
Authors
