Bill C-439

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-439

An Act respecting the rights of air passengers

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

SHORT TITLE

1. This Act may be cited as the Air Passengers' Bill of Rights.

INTERPRETATION

2. The following definitions apply in this Act.

“aerodrome” has the same meaning as in subsection 3(1) of the Aeronautics Act.

“air carrier” means any person who operates a domestic service or an international service.

“air crew” means the flight crew and one or more persons who, under the authority of an air carrier, perform in-flight duties in the passenger cabin of an aircraft of the air carrier.

“airport” means an aerodrome in respect of which a Canadian aviation document is in force.

“Canadian” has the same meaning as in subsection 55(1) of the Canada Transportation Act.

“cancellation” means the non-operation of a flight on which at least one seat was reserved for a passenger.

“denied boarding” means a refusal to allow a passenger to board a flight, despite the fact that they have a ticket for that flight, except if there are reasonable grounds to deny boarding, such as reasons of health, safety or security or inadequate travel documents.

“domestic service” means an air service between points in Canada, from and to the same point in Canada or between Canada and a point outside Canada that is not in the territory of another country.

“final destination” means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight.

“international service” means a scheduled or non-scheduled air service between Canada and a point in the territory of another country or between a point in the territory of another country and Canada, including international and transborder charters.

“passenger” means a person, other than a member of the air crew, who uses, or intends to use, an air carrier's domestic service or international service by boarding the air carrier's aircraft pursuant to a valid contract or arrangement.

“passenger with reduced mobility” means a passenger whose mobility is reduced when using transport because of a physical disability (sensory or locomotory, permanent or tempo- rary), intellectual impairment, age or any other cause, and whose situation needs special attention and adaptation to the person's needs of the services made available to all passengers.

“reservation” means a ticket or other proof that indicates that a seat on a flight has been reserved for a particular passenger by the air carrier.

“ticket” means a valid document giving entitlement to transport, or something equivalent in paperless form, including electronic form, issued or authorized by the air carrier or its authorized agent.

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.

(2) Despite subsection (1), this Act does not apply in respect of any flight that originates north of sixty degrees north latitude.

(3) Where there is any inconsistency or conflict between the provisions of this Act and any other Act of Parliament or regulations made under that Act, this Act is to prevail to the extent of the inconsistency or conflict.

CANCELLATION

4. (1) In case of cancellation of a flight, the air carrier must offer to every affected passenger

(a) reimbursement or re-routing in accord- ance with section 10;

(b) meals and refreshments in accordance with paragraph 12(1)(a) and means of communication in accordance with paragraph 12(1)(d), as well as, in the 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, accommodation in accordance with paragraph 12(1)(b) and transportation in accordance with paragraph 12(1)(c); and

(c) compensation in accordance with section 9 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.

(2) For greater certainty, the extraordinary circumstances referred to in subparagraph (1)(c)(iii) include the closing of an airport to aircraft traffic due to weather conditions.

(3) When a passenger is informed of a cancellation, an explanation in writing must be provided to the passenger, including information about other possible transportation. If the air carrier contends that the cancellation was caused by extraordinary circumstances, the explanation must include detailed information about the exact nature of those circumstances.

(4) The burden of proof concerning whether and when a passenger has been informed of the cancellation of a flight must rest with the air carrier.

(5) If the air carrier required to provide services or compensation under subsection (1) is of the opinion that the cancellation of a flight results from a measure or decision taken by an airport authority, the Canadian Air Transport Security Authority, NAV CANADA or the Canada Border Services Agency, it may submit the matter to the Canadian Transportation Agency, which must determine the responsibility of the organization in question and its obligation to refund the air carrier the amounts it had to pay out under that subsection.

DELAY

5. (1) The air carrier must offer to every affected passenger meals and refreshments in accordance with paragraph 12(1)(a) and means of communication in accordance with paragraph 12(1)(d) if it reasonably expects a flight to be delayed two hours or more beyond its scheduled time of departure.

(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 must also offer to every affected passenger accommodation in accordance with paragraph 12(1)(b) and transportation in accord- ance with paragraph 12(1)(c).

(3) If the air carrier required to provide services or compensation under subsection (1) or (2) is of the opinion that the delay results from a measure or decision taken by an airport authority , the Canadian Air Transport Security Authority, NAV CANADA or the Canada Border Services Agency, it may submit the matter to the Canadian Transportation Agency, which must determine the responsibility of the organization in question and its obligation to refund the air carrier the amounts it had to pay out under subsection (1) or (2).

(4) If the delay in the departure of a flight is five hours or more, the air carrier must also offer to every affected passenger reimbursement in accordance with paragraph 10(1)(a).

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 must 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 it is possible to do so without causing any undue risk to the health or safety of the passengers or any other person and to the safe operation of the aircraft or any other aircraft.

(2) The air carrier must pay compensation to every affected passenger in the amount of 100 Canadian dollars for each hour in which one or more of the obligations set out in paragraphs (1)(a) to (d) are not met.

(3) Despite subsection (2), the amount of compensation provided under this section to a passenger must not exceed the total amount paid by the passenger in respect of the flight for which the passenger boarded the aircraft.

(4) If the air carrier required to provide services or compensation under this section is of the opinion that the presence of passengers for more than an hour aboard an aircraft on the ground results from a measure or decision taken by an airport authority, the Canadian Air Transport Security Authority, NAV CANADA or the Canada Border Services Agency, it may submit the matter to the Canadian Transportation Agency, which must determine the responsibility of the organization in question and its obligation to refund the air carrier the amounts it had to pay out under this section.

DENIAL OF BOARDING

7. If an air carrier finds that it will be necessary to deny boarding on an aircraft as a result of a flight being overbooked, it must 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. Any benefits so provided are in addition to the compensation provided under section 9.

8. (1) 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.

(2) The air carrier must provide compensation in accordance with section 9 to every passenger who is denied boarding.

RIGHT TO COMPENSATION — CANCELLATION OR DENIED BOARDING

9. (1) Every passenger to whom this section applies is to receive compensation in the amount of

(a) 250 Canadian dollars for all flights of 1500 kilometres or less;

(b) 400 Canadian dollars for all flights between 1500 and 3500 kilometres; and

(c) 600 Canadian dollars for all flights of 3500 kilometres or more.

(2) Despite subsection (1), the amount of compensation provided under this section to a passenger in respect of a flight that has been cancelled or a flight in respect of which the passenger has been denied boarding must not exceed the total amount paid by the passenger in respect of the flight.

RIGHT TO REIMBURSEMENT OR RE-ROUTING — CANCELLATION OR DELAY

10. (1) The air carrier must offer without charge to every passenger to whom this section applies the choice between

(a) reimbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made — and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan — together with, when relevant, a return flight to the first point of departure at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; and

(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

(2) If an air carrier fails to comply with subsection (1), it must pay compensation to every affected passenger in the amount of 1000 Canadian dollars. The payment of compensation is in addition to the reimbursement that is paid to the passenger in accordance with paragraph (1)(a).

11. If, in the case where a town, city or region is served by several airports, an air carrier offers a passenger a flight to an airport other than the airport in respect of which the booking was made, the air carrier must also offer to bear the cost of transporting the passenger from that other airport either to the airport for which the booking was made, or to another nearby destination agreed to by the passenger.

RIGHT TO CARE — CANCELLATION OR DELAY

12. (1) The air carrier must offer without charge to every passenger to whom this section applies

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases where a stay of one or more nights is required;

(c) transportation between the airport and place of accommodation; and

(d) a total of two telephone calls, telex or fax messages, or e-mails.

(2) If an air carrier fails to comply with subsection (1), it must pay compensation to every affected passenger in the amount of 250 Canadian dollars.

13. (1) In carrying out its obligations under this Act, every air carrier must pay particular attention to

(a) the needs of unaccompanied children; and

(b) the needs of any passenger with reduced mobility and of any person accompanying such a passenger.

(2) If an air carrier fails to comply with subsection (1), it must pay compensation to every affected person in the amount of 250 Canadian dollars.

RIGHT TO BE INFORMED

14. (1) In order to enable a purchaser of an air service to readily determine the total amount to be paid for the service, every air carrier who advertises a price for an air service must

(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.

(2) If an air carrier fails to comply with subsection (1), it must pay an administrative monetary penalty in the amount of 5 000 Canadian dollars for every day the non-compliant advertisement is published or broadcast.

15. (1) If an air carrier acquires any information in respect of the flight of a passenger that could have a significant impact on the travel plans of that passenger, it must make every reasonable effort to provide the passenger with that information within one hour of acquiring it.

(2) If an air carrier fails to comply with subsection (1), it must pay compensation to every affected passenger in the amount of 250 Canadian dollars.

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 must, 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.

(2) If an air carrier fails to comply with subsection (1), it must pay compensation to every affected passenger in the amount of 50 Canadian dollars.

17. (1) Every air carrier operating at an airport must make announcements at the airport respecting cancellations, delays and diversions of its flights to and from that airport within 10 minutes of becoming aware of these events by means of public audio announcements and posting on airport television monitors.

(2) If an air carrier fails to comply with subsection (1), it must pay an administrative monetary penalty in the amount of 500 Canadian dollars.

18. (1) Every air carrier must 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 Passengers' Bill of Rights.”.

(2) If an air carrier fails to comply with subsection (1), it must pay an administrative monetary penalty in the amount of 500 Canadian dollars.

19. (1) Every air carrier must 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.

(2) If an air carrier fails to comply with subsection (1), it must pay compensation to every affected passenger in the amount of 100 Canadian dollars.

20. The notices referred to in subsections 18(1) and 19(1) must be provided to blind and visually impaired persons in an appropriate alternative medium.

APPLICATION OF CANADA TRANSPORTATION ACT

21. (1) Sections 178 to 181 of the Canada Transportation Act apply to sections 14, 17 and 18 as if they were provisions designated by the Canadian Transportation Agency under paragraph 177(1)(a) of that Act.

(2) The Canadian Transportation Agency is responsible for the enforcement of sections 14, 17 and 18, including the collection of the administrative monetary penalties prescribed by those sections.

MISCELLANEOUS

22. Any compensation or reimbursement that is required to be paid under this Act must be paid within seven days in cash, by electronic bank transfer, bank order or bank cheque or, with the signed agreement of the passenger, in travel vouchers or other services.

23. The distances referred to in this Act must be measured by the great circle route method, which involves measuring the shortest course between two points on the earth’s surface.

24. (1) Every dollar amount specified in this Act with respect to compensation or an administrative monetary penalty is to be adjusted on the first day of every calendar year so that the amount payable is equal to the product obtained by multiplying

(a) the amount that would have been payable in the previous year

by

(b) the ratio that the Consumer Price Index for the 12-month period ending on December 31 of the previous year bears to the Consumer Price Index for the 12-month period next before that 12-month period.

(2) For the purposes of subsection (1), the Consumer Price Index, for any 12-month period, means the average of the Consumer Price Index for Canada as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period.

OTHER SOURCES OF COMPENSATION

25. (1) For greater certainty, nothing in this Act limits the right of a passenger to seek compensation for any financial or other loss that the passenger has incurred in connection with air transportation from any person that the passenger considers to be responsible for that loss.

(2) For greater certainty, nothing in this Act limits the right of an air carrier to seek compensation for any liability incurred by the air carrier as a result of the failure to meet obligations imposed by this Act from any person that the air carrier considers to be responsible for that failure.

REGULATIONS

26. (1) The Governor in Council may make regulations in respect of any matter referred to in this Act.

(2) For greater certainty, no provision of any regulations made under subsection (1) may negate or diminish the effect of any of the provisions of this Act.