Information provided for reference as supplied to senior officials at Transport Canada on . It has not been updated since that date.

New Air Passenger Protection Regulations

Location: National

Summary of Issue/Background

  • The Royal Assent of The Transportation Modernization Act, in May 2019 put in place the legal authorities for the Government to introduce a new system of air passenger rights.
  • In December 2018, the Canadian Transportation Agency (CTA), published for consultation, draft “Air Passenger Protection Regulations”. The final regulations were announced in May 2019 and come into effect in two steps:
    • On July 15, 2019, the regulations related to denied boarding, tarmac delays, lost or damaged baggage, transportation of musical instruments, and communication obligations came into effect; and
    • The remaining regulations, specifically related to delays, cancellations, and the seating of children, come into effect on December 15, 2019.
  • The new regulations provide a strong system of air passenger rights relative to the standards in other countries by imposing certain minimum airline requirements in air travel – including standards of treatment and, in some situations, compensation for passengers. The regulations set out airlines' obligations to passengers in the following areas:
    • Communication;
    • Delayed or cancelled flights;
    • Denied boarding;
    • Tarmac delays;
    • The seating of children under the age of 14;
    • Lost or damaged baggage; and
    • The transportation of musical instruments.
  • On June 21, 2019, the International Air Transport Association, and its airline members, initiated litigation with the Federal Court seeking to challenge key provisions of the regulations.
  • Separate litigation from Mr. Bob Brown and Mr. Gabor Lukács alleged that the regulatory provisions that allow air carriers to keep passengers with disabilities on the tarmac for up to three hours is a violation of the Charter. This litigation was dismissed by the Federal Court of Appeal.
  • The CTA is responsible for enforcing the regulations on air passenger rights, and the agency is actively monitoring airlines compliance with the new requirements, including the additional requirements that come into effect on December 15, 2019.