Guideline on the Canadian Transportation Agency's Complaint Resolution Office air travel complaints process

1. Purpose

• (1) This guideline sets out the Complaint Resolution Office process for dealing with air travel complaints.
• (2) It provides instructions for passengers and airlines on the steps in the process, how they can participate and the deadlines that apply.
• (3) This guideline applies to all air travel complaints, except complaints for which pleadings have been opened in adjudication before September 30, 2023.
• (4) This guideline is intended to ensure complaints are conducted in a manner that is proportionate to the importance and complexity of the matter and dealt with efficiently and fairly within the deadlines set out in the Canada Transportation Act.

2. How to make a complaint on or after September 30, 2023

• (1) A passenger can make a complaint against an airline by completing and submitting the Complaint form published on the Agency's Website.
• (2) At the time they submit their complaint, the passenger must provide all the information and documents requested in the Complaint form.
• (3) The passenger cannot add more information or documents to complete their complaint after it has been submitted.
• (4) A passenger may submit a complaint on behalf of other passengers who travelled with them or were supposed to travel with them.
• (5) A passenger may be represented by another person in the complaint process only if that person is identified as their representative in the Complaint form.
• (6) At any time, a Complaint Resolution Officer may verify whether a person claiming to act as a representative of one or more passengers is duly authorized to do so.

3. How a complaint submitted before September 30, 2023 will be transitioned into the Complaint Resolution Office process

• (1) Air travel complaints that were submitted to the Agency before September 30, 2023 and for which pleadings have not opened in adjudication will be handled under the process set out in this guideline.
• (2) The Complaint Resolution Office will communicate with each passenger, or their representative if the passenger's complaint was filed on their behalf by a representative, to provide an opportunity and instructions on how to submit any additional information or documents to include in their complaint.
• (3) Once the period for providing additional information or documents has expired, the complaint will be transitioned to the new process and the passenger cannot add more information or documents to complete their complaint.

4. Start Notice issued when the complaint is accepted for filing

• (1) The passenger and airline will receive a Start Notice when the complaint has been accepted for filing. The Start Notice will describe the next steps and their deadlines.
• (2) The time for next steps will begin to run as of the date the Start Notice was issued.
• (3) A complaint is accepted for filing when:
  • (a.1) For a new complaint, the complaint is duly submitted using the Complaint form on the Agency's Website;
  • (a.2) For a complaint submitted before September 30, 2023, the passenger was given an opportunity to provide further information and documents, and the period to do so has expired;
  • and
  • (b) The Complaint Resolution Office has issued a Start Notice to the passenger and airline.
• (4) For the purpose of issuing the Start Notice, the Complaint Resolution Office may perform an administrative review of the complaint after it is submitted, as necessary.

5. Airline's answer to the complaint

• (1) An airline may file an answer to the complaint.
• (2) The deadline to file an answer is 14 calendar days after the day on which the Start Notice was issued.
• (3) The answer must be filed by 11:59 p.m. Eastern Standard Time on the day it is due, even if that day falls on a Saturday, a Sunday or a holiday. If it is sent after that time, the answer will be considered late and will not be accepted.
• (4) The airline cannot add or change information or documents to complete its answer after it has been submitted.
• (5) The answer must not be longer than 2500 words, excluding supporting documents.
• (6) The answer must contain, in clear and plain language:
  • (a) a description of the airline's position on each issue in the complaint;
  • (b) the conclusion that the airline wishes the Complaint Resolution Officer to reach;
  • (c) any documents in support of the airline's position, including the applicable tariff;
  • (d) an explanation of why each document is relevant and what that document shows. This would include an explanation of technical terminology and codes so that they can be reasonably understood by the passenger; and
  • (e) a confirmation of whether the airline agrees to mediate the complaint.
• (7) When an airline files an answer, the passenger will be notified by the Complaint Resolution Office.

6. Passenger's reply

• (1) A passenger may file a reply to the answer.
• (2) The reply must be filed within four (4) calendar days after the day on which the passenger was notified that the airline's answer has been filed.
• (3) The passenger's reply must be filed by 11:59 p.m. Eastern Standard Time on the day it is due even if that day falls on a Saturday, a Sunday or a holiday. If it is sent after that time, the reply will be considered late and will not be accepted.
• (4) The reply must not be more than 750 words in length, excluding any supporting documents.
• (5) A reply must contain, in clear and plain language:
  • (a) an explanation of why the passenger agrees or disagrees with anything included in the airline's answer;
  • (b) any supporting document that responds to an issue raised in the airline's answer; and
  • (c) a confirmation of whether the passenger agrees to mediate the complaint.
• (6) The passenger cannot add or change information or documents to complete their reply after it has been submitted.
• (7) A reply cannot raise any new facts, arguments or issues or contain supporting documents that could have been provided at the time the complaint was submitted. If the reply contains such facts, arguments, issues or supporting documents, the Complaint Resolution Officer will not consider them when making a final decision on the complaint.
• (8) When a passenger files a reply, the airline will be notified by the Complaint Resolution Office.

7. How to file an answer or a reply and to communicate with the Complaint Resolution Office

• The passenger and the airline must file the answer or the reply, and communicate with the Complaint Resolution Office, using the method indicated by the Complaint Resolution Office in the Start Notice.

8. Language of documents

• (1) Documents can be provided in English or French. Parties are responsible for ensuring they can understand documents in the language in which they are filed.
• (2) Documents in other languages can be provided if they are accompanied by an English or French translation. If a translation is not provided, the Complaint Resolution Officer may decide that the information contained in the document in a language other than English or French is not proven.
• (3) The party providing the document in a language other than English or French is responsible for providing the translation of that document at their own cost.
• (4) A Complaint Resolution Officer will not translate documents provided in English, French or any other language.

9. Confidentiality of information and documents

• (1) By law, all information and documents relating to the complaint process are confidential unless both the passenger and airline agree otherwise in writing.
• (2) Neither the passenger nor the airline can refuse to share information or documents with each other or the Complaint Resolution Officer on the basis that they contain confidential information. All information and documents relating to the complaint, the answer and the reply will be accessible to the other party.
• (3) The passenger and airline must not use or share any information or documents relating to the complaint process for any purpose other than dealing with the complaint process, unless the passenger or airline agrees in writing that the information it provides may be used otherwise.

10. Extensions of deadlines to file an answer or a reply

• (1) A Complaint Resolution Officer may extend a deadline set out in this guideline only if there is an exceptional reason for doing so.
• (2) In order to obtain an extension, the passenger or airline must make a request in writing and identify a clear and specific reason why it is impossible to meet the deadline.
• (3) The request for extension must be made at the earliest opportunity after the passenger or airline becomes aware of the reasons for which they will not be able to meet the deadline for the answer or the reply.
• (4) A Complaint Resolution Officer cannot grant an extension if the request is made after the deadline for filing an answer or reply has expired. If requesting an extension, the airline must do so before its deadline to file an answer has expired and the passenger must do so before their deadline to file a reply has expired.
• (5) A Complaint Resolution Officer may decide the request immediately upon receipt or as quickly as possible thereafter, without waiting for a response from the other party.
• (6) The Complaint Resolution Officer cannot grant an airline more than 4 additional calendar days to file an answer or the passenger more than 1 additional calendar day to file a reply.

11. Eligibility assessment

• (1) Before proceeding to mediation and final decision-making, a Complaint Resolution Officer must first decide if a complaint is ineligible.  A complaint is ineligible in the following cases:
  • (a) the passenger does not allege that the airline failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;
  • (b) the passenger is not adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;
  • (c) the passenger does not seek compensation or a refund as set out in the airline tariffs or compensation for expenses incurred as a result of that failure;
  • (d) the passenger did not make a written request to the airline to resolve the matters and the matters are still unresolved 30 days after the written request was made.
  • (e) it is clear on the face of the complaint that the airline has complied with the obligations set out in its tariffs; or
  • (f) the complaint is vexatious or made in bad faith.
• (2) The Complaint Resolution Officer must make a decision on the eligibility criteria, and notify the parties of that decision, no later than 30 calendar days after the day on which the Start Notice was issued.
• (3) If the Complaint Resolution Officer refuses to deal with the complaint because it is ineligible, they will provide brief reasons for their decision. This ends the complaint process for the passenger and the airline and the complaint will not proceed to mediation or final decision-making.
• (4) If the Complaint Resolution Officer finds the complaint is eligible, the complaint will proceed to either mediation or final decision-making. No reasons will be provided.
• (5) If a complaint is only eligible in part, only the part that is eligible will proceed to mediation or final decision-making.
• (6) Even if the Complaint Resolution Officer finds the complaint is eligible, they may still cease to deal with a complaint at any time if they determine at a later stage that the complaint is ineligible, applying the criteria set out in section 11(1). A Complaint Resolution Officer will provide brief reasons for their decision to cease to deal with a complaint.

12. Mediation

• (1) If a complaint is eligible, the Complaint Resolution Officer will perform a check to determine whether the passenger and airline have agreed to mediate the complaint.
• (2) The Complaint Resolution Officer will send an acknowledgment to the passenger and airline indicating whether the parties agreed to mediate after the receipt of the reply, but no later than 30 calendar days after the day on which the Start Notice was issued.
• (3) If in their acknowledgment the Complaint Resolution Officer indicates that the passenger or the airline have refused mediation, the mediation ends and the complaint will proceed to final decision-making.
• (4) If both parties have agreed to mediate, the Complaint Resolution Officer will provide the passenger and the airline with information about:
  • (a) the mediation process;
  • (b) how to engage in settlement discussions;
  • (c) the issues that arise from the passenger's complaint and that would need to be decided by the Complaint Resolution Officer; and
  • (d) any statutory or tariff obligations that apply to the complaint.
• (5) The passenger and airline will be given 20 calendar days to attempt to reach a settlement agreement.

13. Final decision and order

• (1) If the passenger and airline did not agree to mediate or if they did not reach a settlement agreement, the Complaint Resolution Officer must make a final, binding and confidential decision.
• (2) A final decision and order will be issued no later than 60 calendar days after the start of mediation.
• (3) A copy of the final decision and order will be provided to the passenger and the airline.
• (4) The complaint process and the Complaint Resolution Officer's role end when the final decision and order are issued. The Complaint Resolution Officer will provide no other explanation regarding their decision or respond to any communication relating to the complaint or the final decision and order.

14. Settlement of complaints at any time before a final decision

• (1) Passengers and airlines are encouraged to attempt to settle a complaint at any time before a Complaint Resolution Officer makes a final decision and order.
• (2) The passenger or the airline must inform the Complaint Resolution Office without delay if they have settled the complaint. The complaint will then be considered withdrawn. If the Complaint Resolution Office is informed of a settlement by the airline, they will communicate with the passenger to confirm the withdrawal.

Glossary

Terms used in this guideline:

Act 

The Canada Transportation Act.

Agency

The Canadian Transportation Agency.

airline

The air carrier against whom the passenger made a complaint.

complaint

A complaint by a passenger against an airline.

complaint process

The steps in dealing with a complaint under sections 85.04 to 85.13 of the Act.

Complaint Resolution Office

The office that handles air travel complaints under sections 85.04 to 08.13 of the Act.

Complaint Resolution Officer

A person designated under section 85.02 of the Act to mediate and decide air travel complaints.

day 

A calendar day.

document 

Includes any information recorded or saved in any form.

eligible complaint

A complaint that a resolution officer has not refused or ceased to deal with under section 85.04(2) of the Act.

filed

A document or submission that has been submitted is accepted for filing by the Complaint Resolution Office and forms part of the record of the complaint file.

passenger

The person who had a ticket and claims to have been adversely affected by the airline's failure to apply their tariff.

submitted

A document or submission has been sent to the Complaint Resolution Office.

tariff

The legal document that contains the terms, conditions and other rules that apply to the passenger's ticket.