Canada’s Air Passenger Protection Regulations (APPR) came into force in 2019 as an amendment to the Transportation Act. They were created to provide a clear, comprehensive and consistent set of air passenger rights, defining minimum air carrier requirements and obligations, such as standards of treatment and, in some situations, compensation for passengers.

Who do the Regulations apply to?

The APPR applies to the following:

• passengers flying from, to or within Canada, including connecting flights (regardless of the airline)
• both large and small airlines:
  • Large airlines are those that have transported at least two million passengers in each of the two preceding years. This includes Air Canada (including Jazz and Rouge), WestJet, Sunwing Airlines, Air Transat, Flair Airlines, Porter Airlines.
  • All other airlines are “small”.
• applies to both Canadian and International airlines (provided the flight lands or takes off in Canada)

What do the Regulations apply to?

The regulations set out an airlines’ obligations to passengers in the following seven areas:

1. Communication;
2. Delayed or cancelled flights;
3. Denied boarding;
4. Tarmac delays;
5. The seating of children under the age of 14;
6. Lost or damaged baggage; and
7. The transportation of musical instruments.

Communication

Airlines must inform passengers of their rights in a timely, clear and accessible way and provide information in simple, clear and concise language for the following:

• Flight delay or cancellation;
• Denial of boarding;
• Lost or damaged baggage; and
• The seating of children under 14 years of age.

Flight disruptions: What are you entitled to?

Flight disruptions include flight and tarmac delays; flight cancellations; and denials of boarding.

Airlines have obligations to passengers in case of flight disruptions. Depending on the airline level of control over the situation, passengers may be entitled to the following:

• Situation within airline control (e.g. commercial overbooking; scheduled maintenance of an aircraft that is necessary to comply with legal requirements): compensation or refund, standards of treatment, and rebooking;
• Situation within airline control but required for safety purposes (unforeseen events legally required to reduce safety risk to passengers): refunds, standards of treatment, and rebooking;
• Situation outside airline control (e.g. extreme weather, emergencies, security, labour or airport issues, government-issued travel bans): if the airline cannot provide the passenger with a confirmed reservation on the next available flight operated by them or a partner airline leaving within 48 hours of the departure time on the passenger’s original ticket, the airline is required to, at the passenger’s choice:
  • provide a refund; or
  • rebook the passenger.

This last regulation applies to flights as of September 8, 2022.

What are Standards of Treatment?

The Canadian Transportation Agency refers to standards of treatment as “assistance”. For delays at departure that are within their control, or within their control and required for safety purposes, airlines must provide passengers with the following assistance:

• If departure is delayed for 2 hours or longer, the airline operating the disrupted flight must provide:
  • food and drink in reasonable quantities; and
  • a means of communication (e.g., free wifi).

• If a passenger must wait overnight because of a delay or cancellation, airlines have to offer hotel or other comparable accommodation, and transportation to/from the accommodation.

How much compensation can a passenger receive?

The amount of compensation a passenger can receive depends on the situation.

Flight delays or cancellation

Compensation for eligible flight delays or cancellations are based on how late the passenger arrived at their final destination airport and the airline size:

• 3 hours or more delay but less than 6 hours
  • Large airlines = $400
  • Small airlines = $125

• 6 hours or more delay but less than 9 hours
  • Large airlines = $700
  • Small airlines = $250

• 9 or more hours delay
  • Large airlines = $1000
  • Small airlines = $500

Denied boarding

Also known as “bumping”, denied boarding occurs when “a passenger has a valid ticket for a flight but is not allowed to occupy a seat on board the aircraft because the number of passengers who have checked in, have proper documentation and are at the gate on time is greater than the number of available seats that can be occupied.”

If a passenger is denied boarding for a reason that is within the airline’s control and is not required for safety, such as a change in aircraft due to scheduled maintenance, they would be entitled to compensation, based on length of delay at arrival at their final destination:

• 0-6 hour delay = $900
• 6-9 hour delay = $1800
• 9+ hour delay = $2400

Lost or damaged baggage

Airlines must provide compensation of up to $2,100 for lost or damaged baggage and refund any baggage fees paid by the passenger.

Other Regulations

Tarmac delays: If a tarmac delay lasts for over three hours and takeoff isn’t imminent, passengers are entitled to basic necessities and must be allowed to leave the plane once it’s safe to do so.

Children under the age of 14: Airlines must seat children under the age of 14 in close proximity to their parent or guardian.

Transporting musical instruments: Airlines must have clear policies for transporting musical instruments. 

How long do passengers have to make a compensation claim?

A passenger must make a compensation claim with the airline that operated the disrupted flight within one year. The airline has 30 days to either issue a payment or indicate why it believes compensation is not owed.

How do you make a complaint, including for compensation?

To make a complaint against an airline over issues such as flight cancellations, delays, lost baggage or other issues related to the Air Passenger Protection Regulations (APPR), passengers must first file a written complaint directly with the airline. Documents such as any correspondence with the airline, booking confirmation, ticket number, and boarding pass should be included.

If the airline provides an unsatisfactory response, or fails to respond within 30 days, a complaint can then be made online with the Canadian Transportation Agency (CTA) Air Travel Complaint Resolution Office. The CTA reviews air travel complaints and settles disputes between passengers and airlines. If they determine that the airline failed to meet its obligations the complaint resolution office can order compensation, refunds, or reimbursements.

How are passengers compensated?

Airlines must offer passengers compensation in monetary form or alternative forms of compensation (e.g., vouchers or rebates). Passengers have the right to select what they prefer. Any alternative forms of compensation offered must be of higher value than the monetary compensation that is required and can never expire.

Enforcement

Airlines could be subject to administrative monetary penalties of up to $25,000 per incident for non-compliance of the Regulations.

More info

Refer to the Regulations for more detailed information on passenger rights and airline obligations.

								
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