Comparison of Passenger Rights Regimes

This table compares the existing Canadian Air Passenger Protection Regulations (APPR) with the existing systems in the European Union and United States. Important aspects of Canada's APPR would change under Bill C-47 and subsequent regulatory action, and the US has also announced forthcoming changes.

REQUIREMENTS		CANADA			EUROPEAN UNION		UNITED STATES
CARRIER'S CONTROL		WITHIN	WITHIN (SAFETY PURPOSES)	OUTSIDE	WITHIN	EXTRAORDINARY CIRCUMSTANCES	WITHIN	OUTSIDE
DENIED BOARDING	Standards of Treatment (e.g., food; drink; accommodation; alternate travel arrangements; communication)	Standards of treatment as well as alternate travel arrangements or refund		Obligation to provide information, alternate travel arrangements	Right to care and Reimbursement or Rebooking		X
DENIED BOARDING	Compensation (Based on length of delay)	Up to $2400	X		Up to 600 Euros (same as flight delays/cancellations)		Up to 1550 USD	X
DELAYS/ CANCELLATIONS	Standards of Treatment (e.g., food; drink; accommodation; alternate travel arrangements; communication)	Standards of treatment as well as alternate travel arrangements and in certain situations the passenger may be entitled to a refund		X	Right to care		X
	Requirement to Rebook	Only if delay is 3 hours or more		With own or partner's flight departing within 48-hour period and after that: For large carrier: with any carrier For small carrier: with own or partner's flight	Required to book with other air carrier if necessary to fulfill the condition of re-routing "under comparable transport conditions, to their final destination at the earliest opportunity”		X
	Requirement to Refund	Passenger is entitled to choose a refund once the carrier offers the passenger a rebooked flight, and the rebooking does not suit the passenger's travel needs		Passenger is entitled to choose a refund if carrier cannot rebook passenger on a new flight departing within 48-hour period	In case of flight cancellation or in case of delay over 5 hours		When there has been a significant delay or significant schedule change or in case of cancellation
	Compensation (Based on length of delay)	Large Carriers: Up to $1,000 Small Carriers: Up to $500 Or If the passenger chooses to be refunded instead of rebooked: Large Carriers: $400 Small Carriers: $125	X		Up to 600 Euros (for cancellation or delay over 3 hours is based on distance travelled not length of delay)	X	X
REQUIREMENTS		CANADA			EUROPEAN UNION		UNITED STATES
TARMAC DELAYS	Standards of Treatment (e.g., food; drink; communication)	Access to working lavatories; proper ventilation; food & drink, and the ability to communicate with people outside the plane free of charge (as soon as doors close for take-off or when or when the plane has just landed)			No specific regulations		Must provide adequate food and potable water no later than two hours after the start of the tarmac delay Must ensure operable lavatory facilities, as well as adequate medical attention if needed Must notify the passengers on board the aircraft during a tarmac delay regarding the status of the delay when the tarmac delay exceeds 30 minutes, and thereafter each covered carrier may provide subsequent updates, including flight status changes, as the carrier deems appropriate.
TARMAC DELAYS	Disembarkation Rule	Only applies to an airport in Canada: After 3 hours if safe to do so, unless take-off is imminent, in which case a plane would be permitted to stay on the tarmac for up to an additional 45 minutes			No specific regulations		Opportunity to deplane after 3 hours for domestic flights and 4 hours for international flights.
LOST/DAMAGED BAGGAGE	International Travel	Same compensation as Montreal Convention (Up to a maximum of approximately $2300 CAD)
	Domestic Travel	Same compensation as Montreal Convention (Up to a maximum of approximately $2300 CAD)					Up to $3800 USD for large aircraft over 60 seats
	Refund baggage fees	Refund of baggage fees			X		Refund of baggage fees for lost baggage
DELAYED BAGGAGE	International Travel	Same compensation as Montreal Convention (Up to a maximum of approximately $2300 CAD)^{Footnote *}
	Domestic Travel	X^{Footnote }**			Same compensation as Montreal Convention (Up to a maximum of approximately $2300 CAD)		Up to $3800 USD for large aircraft over 60 seats
	Refund baggage fees	X^{Footnote }**			X		X
TRANSPORTATION MUSICAL INSTRUMENT	Policy Requirements	Air carriers must include in their tariffs the terms and conditions of carriage regarding the transportation of musical instruments for checked or carry-on baggage			X		Regulations establish rules
SEATING OF CHILDREN		Facilitate free of charge the seating of children under the age of 14 in close proximity to their parent, guardian or tutor.			X		X

Footnote *

For international air travel, limits of liability are subject to the Convention for the Unification of certain Rules for International Carriage by Air (otherwise knows as the Montreal Convention). The Montreal Convention is incorporated into Canadian law by virtue of the Carriage by Air Act. The Montreal Convention has the force of law for most international carriage to and from Canada.

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Footnote **

The Federal Court of Appeal in IATA v. Attorney General declared that the existing provisions of the APPR dealing with “temporary Loss of baggage” (delayed baggage) (international and domestic) were of no force and effect since they exceeded the regulation making authority of the Canadian Transportation Agency. The proposed amendments in Bill C-47 would give the Canadian Transportation Agency the ability to regulate, in consultation with the Minister of Transport, the obligations of air carriers with respect to baggage delay.

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Comparison of Passenger Rights Regimes