Forward Regulatory Plan: 2019 to 2021 - Air Passenger Protection Regulations (APPR)
Enabling act(s)
Description
On May 23, 2018, Parliament passed the Transportation Modernization Act, which made amendments to the Canada Transportation Act mandating the Canadian Transportation Agency (CTA) to create new regulations setting out airline obligations toward passengers with respect to clear communication, delayed or cancelled flights, denied boarding, tarmac delays, the seating of children under the age of 14, damaged or lost baggage, and the transportation of musical instruments. These regulations would ensure clearer, more consistent passenger rights by establishing minimum requirements, standards of treatment, and in some situations minimum levels of compensation that all air carriers must provide to passengers.
Draft regulations were published in Part I of the Canada Gazette for a 60-day comment period that ended February 20, 2019. It is expected that final regulations will be published in Part II of the Canada Gazette in spring 2019.
Regulatory cooperation efforts (domestic and international)
In developing this proposal, the CTA considered best practices and lessons learned from other jurisdictions such as European Union and United States, while tailoring the proposal to Canadian needs. As a result, the APPR would ensure that passengers travelling to, from and within Canada have rights that are comparable to those in other jurisdictions and that unintended consequences experienced in other jurisdictions can be mitigated.
Potential impacts on Canadians, including businesses
The proposal would create new airline obligations toward passengers, which would apply to all flights to, from and within Canada. Airlines – both domestic and international – would bear increased costs, particularly related to mandatory compensation levels, provision of minimum standards of treatment (including food and drink and accommodation), IT changes, training and communication. Travellers would derive benefit from these new "passenger rights" – namely, increased comfort during flight disruptions, compensation for inconvenience, reduced anxiety and time savings.
The regulations are not expected to have significant impacts on international trade.
Consultations
On May 28, 2018, the CTA launched consultations with the public, consumer advocates, the air industry and other interested stakeholders to inform the development of the APPR.
The consultation process provided multiple channels for input and resulted in extensive engagement by Canadians and stakeholders. There was a dedicated, air passenger protection website that included a discussion paper, questionnaire and platform to upload comments. There were 8 public consultation sessions that took place across Canada – Toronto, Winnipeg, Vancouver, Calgary, Yellowknife, Halifax, Montreal and Ottawa. Airport surveys were conducted in 11 Canadian airports. There were also bilateral consultation meetings with consumer advocacy groups, air carriers and industry associations, officials from other governments, and other experts.
At the conclusion of the consultations, the CTA had received 30,874 Web visits; 4,923 completed online questionnaires; 534 comments submitted online; 203 registrants for the in-person/call-in consultations; 930 completed airport surveys; 39 bilateral consultation meetings; and 104 formal written submissions. The input is summarized in a What We Heard Report.
The proposed regulations were published in Part I of the Canada Gazette on December 22, 2018 for a 60-day comment period that ended on February 20, 2019. It is expected that final regulations will be published in Part II of the Canada Gazette in spring 2019.
Other consultation information:
- Written submissions
- Airport survey: Public Attitudes and Awareness of Airline Passenger Protection (PDF)
- Discussion paper (PDF)
Further information
The cost-benefit analysis related to this regulatory initiative can be requested from the departmental contact.
Contact information
Caitlin Hurcomb
Team Leader
Regulatory Affairs Division
Analysis and Outreach Branch
Canadian Transportation Agency
Telephone: 819-997-6667
Email: Caitlin.Hurcomb@otc-cta.gc.ca
Date that the regulatory initiative was first included in the Forward Regulatory Plan
October 2016
Consult the CTA’s acts and regulations web page for:
- a list of acts and regulations administered by the CTA
- further information on the CTA’s implementation of government-wide regulatory management initiatives
Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:
To learn about upcoming or ongoing consultations on proposed federal regulations, visit:
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