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Air
passenger bill of rights
Summary of key provisions
Application
3. (1) This Act applies to all operations
of Canadian air carriers and to operations
of all air carriers that take place in Canada.
Cancellation
4. In case of cancellation of a flight,
the air carrier shall offer to every affected
passenger
(a) the choice of reimbursement or re-routing
(b) meals and refreshments and means of
communication
(c) in event of re-routing in the
case where the air carrier reasonably expects
that the delay in the departure of a flight
will require the passengers to stay overnight
at the point of departure, hotel accommodation
and ground transportation AND
(d) compensation unless
(i) the passenger was informed of the cancellation
at least two weeks before the scheduled
time of departure;
(ii) the passenger has accepted in writing
the re-routing offered by the air carrier,
or
(iii) the air carrier can prove that the
cancellation was caused by extraordinary
circumstances which could not have been
avoided even if all reasonable measures
had been taken.
Delay
5(1) If an air carrier reasonably
expects a flight to be delayed two hours
beyond its scheduled time of departure,
it shall offer to every affected passenger
meals and refreshments and means of communication.
5(2) If the air carrier reasonably expects
that the delay in the departure of a flight
will require the passengers to stay overnight
at the point of departure, it shall also
offer to every affected passenger hotel
accommodation and ground transportation.
5(3) If the delay in the departure of a
flight is five hours or more, the air carrier
shall also offer to every affected passenger
reimbursement.
Tarmac rights
6. (1) If one or more passengers are on
board an aircraft operated by an air carrier
for a period of more than one hour while
the aircraft is on the ground at an aerodrome,
the air carrier shall provide passengers
with
(a) electric generation service to provide
temporary power for fresh air and lights
(b) waste removal service in order to service
the holding tanks for on-board restrooms;
(c) adequate food and drinking water and
other refreshments; and
(d) an opportunity to disembark from the
aircraft if is possible to do so without
causing any undue risk to the health or
safety of the passengers or any other person
or to the safe operation of the aircraft
or any other aircraft.
Compensation
6 (2) The air carrier shall pay compensation
to every affected passenger in the amount
of 500 Canadian dollars for each hour in
which one or more of the obligations set
out in paragraphs (1)(a) to (d) are not
met.
Denial of boarding
Voluntary surrender of reservations
7. If an air carrier reasonably expects
that it will be necessary to deny boarding
on an aircraft as a result of a flight being
overbooked, it shall immediately determine
whether there are any passengers who are
willing to voluntarily surrender their reservations
in exchange for benefits agreed to by the
passenger and the air carrier.
When boarding may be denied
8. If the air carrier determines that there
are not enough passengers willing to voluntarily
surrender their reservations under section
7 to allow the remaining passengers with
reservations to board the flight, the air
carrier may deny boarding to certain passengers.
Compensation
The air carrier shall provide compensation
to every passenger who is denied boarding
or who gives up their reservation voluntarily.
Amount of compensation in case of
cancellation or denied boarding
9. (a) 500 Canadian dollars for all flights
of 1500 kilometres or less;
(b) 800 Canadian dollars for all flights
between 1500 and 3500 kilometres; and
(c) 1200 Canadian dollars for all flights
of 3500 kilometres or more.
Right to be informed
Duty to disclose pricing
14. (1) Every air carrier who advertises
a price for an air service shall
(a) include in the advertised price all
costs to the carrier of providing the service;
and
(b) specify in the advertisement all fees,
charges and taxes that are collected by
the carrier on behalf of another person
in respect of the service
so as to enable a purchaser of the service
to readily determine the total amount to
be paid for the service.
Penalty
(2) If an air carrier fails to comply with
subsection (1), it shall pay an administrative
monetary penalty in the amount
of 10,000 Canadian dollars
for every day the non-compliant
advertisement is published or broadcast.
Duty to provide flight information
15.(1)If an air carrier acquires any information
in respect of a passenger’s flight
that could have a significant impact on
the travel plans of that passenger, it shall
make every reasonable effort to provide
the passenger with that information within
one hour of acquiring that information.
If not - compensation $500
Baggage Information
16. (1) If the baggage of a passenger
has been misplaced and an air carrier acquires
any information in respect of the location
of the baggage, the air carrier shall, within
one hour of acquiring that information,
make every reasonable effort to inform the
passenger of the location of the baggage
and the measures that are being taken to
return the baggage to the passenger..
If not - compensation $100
Announcements at airport
17. (1) Every air carrier operating at an
airport shall make announcements at the
airport respecting cancellations, delays
and diversions of its flights to and from
that airport within ten minutes of becoming
aware of these events by means of public
audio announcements and posting on airport
television monitors.
If not - penalty $1000
Obligation to inform passengers of their
rights
18. (1) Every air carrier shall ensure that
at check-in a clearly legible notice containing
the following text is displayed in both
official languages in a manner clearly visible
to passengers:
"If you are denied boarding , your
flight is cancelled or delayed for at least
two hours or your baggage has been misplaced,
ask at the check-in counter or boarding
gate for a written notice setting out the
rules for compensation and assistance under
the Airline Passenger’s Bill of Rights".
If not - penalty $1000
Written notice
19. (1) Every air carrier shall immediately
provide every passenger who has been affected
by a denial of boarding,
a cancellation, a flight
delay of two hours or more or misplaced
baggage with a written notice that
contains
(a) the rules for compensation and other
assistance that are available to passengers
under this Act;
(b) the contact details of the Canadian
Transportation Agency; and
(c) a form on which the passenger may make
a claim for compensation and other assistance
under this Act.
If not - compensation $200
Return to Airline
Bill of Rights Survey
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Jim
and his wife Clile and their three sons Kevin,
Jose and Carlos with family pets Captain and Frances.
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