Forward Regulatory Plan: 2024 to 2026 – Regulations amending the Air Passenger Protection Regulations (APPR)

Enabling act(s)

Canada Transportation Act

Description

The Air Passenger Protection Regulations (APPR or the regulations) came into force in 2019 with the objective of providing more consistent air passenger rights by imposing minimum requirements on air carriers. Parliament passed legislation in June 2023 to modify the Canada Transportation Act (the Act) to clarify, simplify and strengthen Canada’s air passenger protection regime. The new legislation eliminated the three categories of flight disruptions and require airlines to provide compensation for inconvenience to passengers any time there is a flight disruption unless there are exceptional circumstances. The Canadian Transportation Agency (CTA) must amend the APPR to reflect the legislation. The CTA will also use this regulatory initiative to address issues that have been identified since the APPR came into force in 2019, either related to their implementation, or where gaps in the regulations have been identified.

Regulatory cooperation efforts (domestic and international)

The air passenger protection frameworks in the European Union and United States were considered in developing the amendments to the regulations.

Potential impacts on Canadians, including businesses

The intent of the upcoming amendments is to clarify the regulations to make them clearer for both passengers and airlines. Canadians would benefit from clear procedures when air travel does not go as planned, including improved assistance requirements in case of flight disruptions and enhanced communication requirements that would support passengers in better understanding their rights and entitlements under the APPR. The process for passengers to determine their eligibility for compensation will be simplified, as airlines will be obligated to provide compensation unless they can prove the disruption was due to clearly defined exceptional circumstances. The amended regulations would also continue to take into consideration the operational realities within Canada's air transportation system, ensuring that air services, including travel costs and regional services, are not adversely impacted.

Consultations

A discussion paper on the proposed amendments to the APPR was published on July 11, 2023 and a 30 day pre-consultation period launched. The public and stakeholders had the opportunity to comment on the discussion paper. The public and stakeholders will have another opportunity to provide feedback on the proposed amendments to the regulations following publication in Part I of the Canada Gazette.

Publication in Part II of the Canada Gazette is anticipated in 2024.

Departmental Contact

Mary Johnson
Team Leader, Senior Policy Advisor
Analysis and Regulatory Affairs Directorate
Analysis and Outreach Branch
Canadian Transportation Agency
Email: mary.johnson@otc-cta.gc.ca