GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Air Passenger Protection Regulations — 1
Definitions — Part II of Act 1 (1) The following definitions apply in Part II of the Act. mechanical malfunction means a mechanical problem that reduces the safety of passengers but does not include a problem that is identified further to scheduled maintenance undertaken in compliance with legal requirements. ( défaillance mécanique ) required for safety purposes means required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements. ( nécessaire par souci de sécurité ) Definitions — Regulations (2) The following definitions apply in these Regulations. Act means the Canada Transportation Act . ( Loi ) arrival means the time when one of the doors of an aircraft is opened after it lands to allow passengers to leave the aircraft. ( arrivée ) large carrier means a carrier that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years. ( gros transporteur ) small carrier means any carrier that is not a large carrier. ( petit transporteur ) Denial of boarding (3) For the purpose of these Regulations, there is a denial of boarding when a passenger is not permitted to occupy a seat on board a flight because the number of seats that may be occupied on the flight is less than the number of passengers who have checked in by the required time, hold a confirmed reservation and valid travel documentation and are present at the boarding gate at the required boarding time. Obligations of small carriers (4) For the purpose of these Regulations, a small carrier has the same obligations as a large carrier towards a passenger that it carries on behalf of a large carrier under a commercial agreement with that carrier.
Air Passenger Protection Regulations — Air Passenger Protection Regulations
mechanical malfunction means a mechanical problem that reduces the safety of passengers but does not include a problem that is identified further to scheduled maintenance undertaken in compliance with legal requirements. ( défaillance mécanique )
Air Passenger Protection Regulations — Air Passenger Protection Regulations
required for safety purposes means required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements. ( nécessaire par souci de sécurité )
Air Passenger Protection Regulations — Air Passenger Protection Regulations
Act means the Canada Transportation Act . ( Loi )
Air Passenger Protection Regulations — Air Passenger Protection Regulations
arrival means the time when one of the doors of an aircraft is opened after it lands to allow passengers to leave the aircraft. ( arrivée )
Air Passenger Protection Regulations — Air Passenger Protection Regulations
large carrier means a carrier that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years. ( gros transporteur )
Air Passenger Protection Regulations — Air Passenger Protection Regulations
small carrier means any carrier that is not a large carrier. ( petit transporteur )
Air Passenger Protection Regulations — 2
Carrier liability 2 (1) The carrier operating a flight is liable to passengers with respect to the obligations set out in sections 7 to 22 and 24 , or, if they are more favourable to those passengers, the obligations on the same matter that are set out in the applicable tariff. Joint liability (2) However, if one carrier carries passengers on behalf of another carrier under a commercial agreement, the carriers are jointly and severally, or solidarily, liable to those passengers with respect to the obligations set out in sections 7 , 22 and 24 , or, if they are more favourable to those passengers, the obligations on the same matter that are set out in the applicable tariff. Tickets (3) The issuing carrier of a ticket is liable to passengers for the obligations set out in sections 5 and 6 , or, if they are more favourable to those passengers, the obligations on the same matter that are set out in the applicable tariff. SOR/2022-134, s. 1(F)
Air Passenger Protection Regulations — 3
Persons with disabilities 3 (1) These Regulations do not limit a carrier’s legal obligations with respect to persons with disabilities. Carrier’s right of action (2) For greater certainty, these Regulations do not remove a carrier’s right of action against any other person. Other regimes (3) Subject to subsection 86.11(3) of the Act, a passenger must not be refused compensation in accordance with these Regulations for an event on the grounds that they are also eligible for compensation for the same event under a different passenger rights regime.
Air Passenger Protection Regulations — 4
Application to charter flights 4 (1) In the case of a charter flight, sections 2 to 24 apply (a) to a charter flight within Canada if one or more seats on that flight are purchased for resale to the public; or (b) to a charter flight to or from Canada if one or more passengers began their itinerary in Canada and one or more seats on that flight are purchased for resale to the public. Licensee obligations (2) A licensee must include the obligation to comply with these Regulations in its contracts with a charterer with respect to flights referred to in subsection (1).
Air Passenger Protection Regulations — 5
Simple, clear and concise communication 5 (1) A carrier must make its terms and conditions of carriage that apply in the following circumstances available in simple, clear and concise language: (a) flight delay, flight cancellation and denial of boarding; (b) lost or damaged baggage; and (c) the assignment of seats to children who are under the age of 14 years. Means of communication (2) The terms and conditions referred to in subsection (1) must be made available on all digital platforms that the carrier uses to sell tickets and on all documents on which the passenger’s itinerary appears. Information on treatment, compensation and recourse (3) A carrier must provide information on the treatment of passengers and minimum compensation owed by the carrier and the recourse against the carrier available to passengers, including their recourse to the Agency, in simple, clear and concise language on all digital platforms that it uses to sell tickets and on all documents on which the passenger’s itinerary appears. Hyperlink (4) For the purpose of subsections (2) and (3), a digital platform or a document that contains a hyperlink is considered to contain the information that is contained on the web page to which that hyperlink leads. Notice (5) The following notice must be made available on all digital platforms that the carrier uses to sell tickets and on all documents on which the passenger’s itinerary appears: “If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations . For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website. Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens , à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada. ” Persons with disabilities (6) If the information referred to in subsection (1) or (3) or the notice set out in subsection (5) is provided in a digital format, that format must be compatible with adaptive technologies intended to assist persons with disabilities and if that information or notice is provided in a paper format, the carrier must, on request, provide it in large print, Braille or a digital format. SOR/2019-150, s. 35
Air Passenger Protection Regulations — Air Passenger Protection Regulations
“If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations . For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.
Air Passenger Protection Regulations — Air Passenger Protection Regulations
Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens , à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada. ”
Air Passenger Protection Regulations — 6
Person authorized to sell tickets 6 The carrier must take reasonable measures to ensure that anyone authorized to sell tickets in the carrier’s name complies with section 5 .
Air Passenger Protection Regulations — 7
Notice at airport 7 (1) A carrier operating a flight to or from an airport in Canada must display, in a visible manner at the check-in desk, self-service machines and boarding gate, a notice containing the following text: “If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations . For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website. Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens , à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada. ” Persons with disabilities (2) If the notice is provided in a digital format, that format must be compatible with adaptive technologies intended to assist persons with disabilities and if the notice is provided in a paper format, the carrier must, on request, provide it in large print, Braille or a digital format. SOR/2019-150, s. 36
Air Passenger Protection Regulations — 8
Tarmac delay obligations 8 (1) If a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the carrier must provide passengers with the following, free of charge: (a) if the aircraft is equipped with lavatories, access to those lavatories in working order; (b) proper ventilation and cooling or heating of the aircraft; (c) if it is feasible to communicate with people outside of the aircraft, the means to do so; and (d) food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport. Urgent medical assistance (2) If a passenger requires urgent medical assistance while the flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the carrier must facilitate access to that assistance.
Air Passenger Protection Regulations — 9
Passenger disembarkation 9 (1) If a flight is delayed on the tarmac at an airport in Canada, the carrier must provide an opportunity for passengers to disembark (a) three hours after the aircraft doors have been closed for take-off; and (b) three hours after the flight has landed, or at any earlier time if it is feasible. Take-off imminent (2) However, a carrier is not required to provide an opportunity for passengers to disembark if it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and the carrier is able to continue to provide the standard of treatment referred to in section 8 . Priority disembarkation (3) A carrier that allows passengers to disembark must, if it is feasible, give passengers with disabilities and their support person, service animal or emotional support animal, if any, the opportunity to disembark first. Exceptions (4) This section does not apply if providing an opportunity for passengers to disembark is not possible, including if it is not possible for reasons related to safety and security or to air traffic or customs control.
Air Passenger Protection Regulations — 10
Obligations — situations outside carrier’s control 10 (1) This section applies to a carrier when there is delay, cancellation or denial of boarding due to situations outside the carrier’s control, including but not limited to the following: (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) a NOTAM , as defined in subsection 101.01(1) of the Canadian Aviation Regulations ; (f) a security threat; (g) airport operation issues; (h) a medical emergency; (i) a collision with wildlife; (j) a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider; (k) a 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; and (l) an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security. Earlier flight disruption (2) A delay, cancellation or denial of boarding that is directly attributable to an earlier delay or cancellation that is due to situations outside the carrier’s control, is considered to also be due to situations outside that carrier’s control if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation. Obligations (3) When there is delay, cancellation or denial of boarding due to situations outside the carrier’s control, it must (a) provide passengers with the information set out in section 13 ; (b) in the case of a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 18, to a passenger who desires such arrangements; (c) in the case of a cancellation, provide alternate travel arrangements or a refund, in the manner set out in section 18; and (d) in the case of a denial of boarding, provide alternate travel arrangements in the manner set out in section 18. SOR/2022-134, s. 2
Air Passenger Protection Regulations — 11
Obligations when required for safety purposes 11 (1) Subject to subsection 10 (2), this section applies to a carrier when there is delay, cancellation or denial of boarding that is within the carrier’s control but is required for safety purposes. Earlier flight disruption (2) A delay, cancellation or denial of boarding that is directly attributable to an earlier delay or cancellation that is within that carrier’s control but is required for safety purposes, is considered to also be within that carrier’s control but required for safety purposes if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation. Delay (3) In the case of a delay, the carrier must (a) provide passengers with the information set out in section 13 ; (b) if a passenger is informed of the delay less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14 ; and (c) if the delay is a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 17 , to a passenger who desires such arrangements. Cancellation (4) In the case of a cancellation, the carrier must (a) provide passengers with the information set out in section 13 ; (b) if a passenger is informed of the cancellation less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14 ; and (c) provide alternate travel arrangements or a refund, in the manner set out in section 17 . Denial of boarding (5) In the case of a denial of boarding, the carrier must (a) provide passengers affected by the denial of boarding with the information set out in section 13 ; (b) deny boarding in accordance with section 15 and provide the standard of treatment set out in section 16 to passengers affected by the denial of boarding; and (c) provide alternate travel arrangements or a refund, in the manner set out in section 17 .
Air Passenger Protection Regulations — 12
Obligations when within carrier’s control 12 (1) Subject to subsection 10 (2), this section applies to a carrier when there is delay, cancellation or denial of boarding that is within the carrier’s control but is not referred to in subsections 11 (1) or (2). Delay (2) In the case of a delay, the carrier must (a) provide passengers with the information set out in section 13 ; (b) if a passenger is informed of the delay less than 12 hours before the departure time that is indicated on their original ticket, provide them with the standard of treatment set out in section 14 ; (c) if the delay is a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 17 , to a passenger who desires such arrangements; and (d) if a passenger is informed 14 days or less before the departure time on their original ticket that the arrival of their flight at the destination that is indicated on that original ticket will be delayed, provide the minimum compensation for inconvenience in the manner set out in section 19 . Cancellation (3) In the case of a cancellation, the carrier must (a) provide passengers with the information set out in section 13 ; (b) if a passenger is informed of the cancellation less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14 ; (c) provide alternate travel arrangements or a refund, in the manner set out in section 17 ; and (d) if a passenger is informed of the cancellation 14 days or less before the departure time that is indicated on their original ticket, provide the minimum compensation for inconvenience in the manner set out in section 19. Denial of boarding (4) In the case of a denial of boarding, the carrier must (a) provide passengers affected by the denial of boarding with the information set out in section 13 ; (b) deny boarding in accordance with section 15 and provide the standard of treatment set out in section 16 to passengers affected by the denial of boarding; (c) provide alternate travel arrangements or a refund, in the manner set out in section 17 ; and (d) provide the minimum compensation for inconvenience for denial of boarding in the manner set out in section 20 . SOR/2022-134, s. 3
Air Passenger Protection Regulations — 13
Information — cancellation, delay, denial of boarding 13 (1) A carrier must provide the following information to the passengers who are affected by a cancellation, delay or a denial of boarding: (a) the reason for the delay, cancellation or denial of boarding; (b) the compensation to which the passenger may be entitled for the inconvenience; (c) the standard of treatment for passengers, if any; and (d) the recourse available against the carrier, including their recourse to the Agency. Communication every 30 minutes (2) In the case of a delay, the carrier must communicate status updates to passengers every 30 minutes until a new departure time for the flight is set or alternate travel arrangements have been made for the affected passenger. New information (3) The carrier must communicate to passengers any new information as soon as feasible. Audible and visible announcement (4) The information referred to in subsection (1) must be provided by means of audible announcements and, upon request, by means of visible announcements. Method of communication (5) The information referred to in subsection (1) must also be provided to the passenger using the available communication method that they have indicated that they prefer, including a method that is compatible with adaptive technologies intended to assist persons with disabilities.
Air Passenger Protection Regulations — 14
Standards of treatment 14 (1) If paragraph 11 (3)(b) or (4)(b) or 12 (2)(b) or (3)(b) applies to a carrier, and a passenger has waited two hours after the departure time that is indicated on their original ticket, the carrier must provide the passenger with the following treatment free of charge: (a) food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and (b) access to a means of communication. Accommodations (2) If paragraph 11 (3)(b) or (4)(b) or 12 (2)(b) or (3)(b) applies to a carrier and the carrier expects that the passenger will be required to wait overnight for their original flight or for a flight reserved as part of alternate travel arrangements, the air carrier must offer, free of charge, hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport. Refusing or limiting treatment (3) The carrier may limit or refuse to provide a standard of treatment referred to in subsection (1) or (2) if providing that treatment would further delay the passenger.
Air Passenger Protection Regulations — 15
Denial of boarding — request for volunteers 15 (1) If paragraph 11 (5)(b) or 12 (4)(b) applies to a carrier, it must not deny boarding to a passenger unless it has asked all passengers if they are willing to give up their seat. Passenger on aircraft (2) The carrier must not deny boarding to a passenger who is already on board the aircraft, unless the denial of boarding is required for reasons of safety. Confirmation of benefit (3) If a carrier offers a benefit in exchange for a passenger willingly giving up their seat in accordance with subsection (1) and a passenger accepts the offer, it must provide the passenger with a written confirmation of that benefit before the flight departs. Priority for boarding (4) If denial of boarding is necessary, the carrier must select the passengers who will be denied boarding, giving priority for boarding to passengers in the following order: (a) an unaccompanied minor; (b) a person with a disability and their support person, service animal, or emotional support animal, if any; (c) a passenger who is travelling with family members; and (d) a passenger who was previously denied boarding on the same ticket.