This enactment amends the Canada Transportation Act to, among other things,

(a) require the Canadian Transportation Agency to make certain regulations in relation to an air carrier’s obligations towards its passengers, including regulations requiring an air carrier to pay minimum monetary compensation for inconvenience in the case of a flight delay, flight cancellation or denial of boarding that is not caused by extraordinary circumstances;

(b) set out what constitutes “extraordinary circumstances” for the purposes of the requirement to pay minimum monetary compensation;

(c) increase the maximum amounts of the fines payable in respect of certain offences under the Act that are punishable on summary conviction; and

(d) increase the maximum amounts of the administrative monetary penalties that the Canadian Transportation Agency may, by regulation, prescribe for the contravention of requirements under the Act that may be proceeded with as a violation.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

denial of boarding means the refusal to carry a passenger on a flight on which they hold a confirmed reservation — or on which they held a confirmed reservation before their itinerary was amended by the carrier without their consent — for a reason other than a failure by the passenger to

• (a) present valid travel documentation;

• (b) present themselves at the airport at the required time for check-in; or

• (c) comply with health, safety or security requirements; (refus d’embarquement)

flight cancellation means the failure to operate a flight that was scheduled and on which at least one passenger held a confirmed reservation; (annulation de vol)

Confirmed reservation

(1.‍1) For the purposes of this Part, a passenger holds a confirmed reservation on a flight if the passenger has been issued a ticket or other document that indicates that the carrier has accepted and registered the reservation.

Burden of proof

85.‍2 For greater certainty, the burden is on the carrier to establish, on a balance of probabilities, the cause of a flight delay, flight cancellation or denial of boarding.

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  (i) the carrier’s obligation to pay minimum monetary compensation for inconvenience when the flight delay, flight cancellation or denial of boarding was not caused by extraordinary circumstances, and the amount of that compensation,

• (ii) the carrier’s obligation to automatically pay the minimum monetary compensation referred to in subparagraph (i) to each passenger affected by the flight delay, flight cancellation or denial of boarding as soon as feasible after its occurrence, without a request for compensation necessarily having been made by the passenger,

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• ( Insertion start iii Insertion end ) the minimum standards of treatment of passengers that the carrier is required to meet, Insertion start regardless of the cause of Insertion end the Insertion start flight Insertion end delay, Insertion start flight Insertion end cancellation or denial of boarding,

• (iv) the carrier’s obligation to provide timely information and assistance to passengers, Insertion start regardless of the cause of the flight delay, flight cancellation or denial of boarding Insertion end , and

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  (v) the carrier’s obligation to provide a passenger who chooses not to travel with a refund — using the method used for the original payment — for the cost of all unused services purchased in connection with the flight, regardless of the cause of the flight delay, flight cancellation or denial of boarding;

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• (c) prescribing the minimum compensation for lost, Insertion start delayed Insertion end or damaged baggage that the carrier is required to pay;

Extraordinary circumstances

(1.‍1) For the purposes of subparagraph (1)‍(b)‍(i), extraordinary circumstances means circumstances that were not inherent to normal operations, were beyond the carrier’s control, could not have been avoided even if the carrier had taken all reasonable measures, and were not attributable, in whole or in part, directly or indirectly, to any of the following:

• (a) acts or omissions of the carrier, its agents or servants, or any third party with whom the carrier has a contractual relationship;

• (b) flight crew or staff shortages;

• (c) any situation that was known or should have been known to the carrier at the time the ticket was sold to the passenger; or

• (d) aircraft maintenance or safety issues, other than those caused by acts of sabotage or terrorism or a manufacturing defect in an aircraft identified by the aircraft’s manufacturer or a competent authority.

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• (a) in the case of an individual, to a fine not exceeding Insertion start $50,000 Insertion end ; and

• (b) in the case of a corporation, to a fine not exceeding Insertion start $250,000 Insertion end .

Time limit for commencement of proceedings

176 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted not later than Insertion start three years Insertion end after the Insertion start day on which Insertion end the subject-matter of the proceedings arose.

• (b) prescribe Insertion start the minimum and Insertion end maximum amount payable for each violation, but the Insertion start maximum Insertion end amount shall not exceed

  • (i)  Insertion start $50,000 Insertion end , in the case of an individual, and

  • (ii)  Insertion start $250,000 Insertion end , in the case of a corporation.

Time limit for commencement of proceedings

181 Proceedings in respect of a violation may be instituted not later than Insertion start three years Insertion end after the Insertion start day on which Insertion end the subject-matter of the proceedings arose.