Canadian Transportation Agency issues temporary exemptions to certain Air Passenger Protection Regulations provisions to address the COVID-19 pandemic

March 13, 2020 – Gatineau, QC – Canadian Transportation Agency

The Canadian Transportation Agency (CTA) today took steps to address the major impacts that the COVID-19 pandemic is having on the airline industry.

The Air Passenger Protection Regulations (APPR) set air carriers' obligations to passengers that vary depending on whether the situation is 'within the air carrier's control', 'within the air carrier's control but required for safety', or 'outside the air carrier's control'.

APPR also provide a list of situations considered 'outside the air carrier's control', including medical emergencies and orders or instructions from state officials. The CTA has identified a number of situations related to this pandemic that are considered 'outside of the air carrier's control'. These include flight disruptions to locations that are covered by a government advisory against travel or unnecessary travel due to COVID-19.

In these situations, air carriers would not be required to provide standards of treatment or compensation for inconvenience. However, they would have to make sure the passenger completes their itinerary.

Until April 30th, the time at which passengers will be entitled to compensation for inconvenience related to flight cancellations or delays will be adjusted, to provide air carriers with more flexibility to modify schedules and combine flights. Air carriers will be allowed to make schedule changes without owing compensation to passengers until 72 hours before a scheduled departure time (instead of 14 days), and air carriers will be obligated to compensate passengers for delays on arrival that are fully within the air carrier's control once those delays are 6 hours or more in length (instead of 3 hours).

The CTA has also exempted air carriers from offering alternative travel arrangements that include flights on other air carrier's with which they have no commercial agreement.

These measures recognize the extraordinary nature of the current situation. After April 30th, the CTA will decide whether these temporary measures should be extended for an additional period of time.

All other air passenger entitlements under the Air Passenger Protection Regulations remain in force and unchanged, including those related to communication, tarmac delays and seating of children.

Quote

“The CTA recognizes that this is a very challenging time for both airlines and air passengers. The temporary measures we've taken today strike a balance between, on the one hand, giving airlines the necessary flexibility to adjust schedules in the face of rapidly falling passenger numbers and very fluid circumstances and, on the other hand, making sure passengers are well-protected. We'll continue to monitor the situation closely."

- Scott Streiner, Chair and CEO of the Canadian Transportation Agency

About the CTA

The Canadian Transportation Agency is an independent, quasi-judicial tribunal and regulator that has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court. The CTA has three core mandates: helping to keep the national transportation system running efficiently and smoothly, protecting the fundamental right of persons with disabilities to accessible transportation services, and providing consumer protection for air passengers. To help advance these mandates, the CTA makes and enforces ground rules that establish the rights and responsibilities of transportation service providers and users and level the playing field among competitors, resolves disputes using a range of tools from facilitation and mediation to arbitration and adjudication, and ensures that transportation providers and users are aware of their rights and responsibilities and how the CTA can help them.

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