Decision No. 108-C-A-2022

[1] James Stocks held a ticket for travel with Swoop from Abbotsford, British Columbia, to Toronto, Ontario, on June 21, 2021. At the boarding gate, he presented a driver’s license and health card, both issued by the Province of Ontario, but Swoop did not accept the identification and refused him transportation. The parties agree that the driver’s license was expired, and Swoop submits that the health card was also expired.

[2] In addition to these documents, Mr. Stocks also presented Swoop with a memorandum from the Ministry of Transportation of Ontario (Ministry), dated December 9, 2020, and valid until June 30, 2021, stating that any driver’s license that expired on or after March 1, 2020, continues to be valid until further notice. He seeks compensation for CAD 74.78 for his Uber fare from Abbotsford to Vancouver; CAD 331.00 for two nights of hotel accommodation in Vancouver; CAD 93.38 to send him his passport by courier; CAD 183.49 for his original Swoop ticket and CAD 1,064.70 for his replacement flight, which represents the current value of the travel points used to pay for that ticket, for a total of CAD 1,747.35

[3] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether Swoop properly applied its Tariff ^{Note 1}to the tickets that Mr. Stocks purchased. The relevant provisions of the CTA and the Tariff are set out in the Appendix.

[4] Mr. Stocks filed a reply on July 18, 2022, after pleadings had closed, although he did not file a request under section 30 of the Rules ^{Note 2}to extend the time limit to submit a reply. However, subsection 5(2) of the Rules allows the Agency, on its own initiative, to do anything that may be done on request under the Rules. The Agency chooses to accept the reply filed by Mr. Stocks and has therefore placed it on the Agency’s record for this case.

[5] Rule 105(A)(1)(a) of the Tariff states that Swoop will refuse to transport a passenger when it is necessary or advisable to do so in order to comply with any government regulation.

[6] Swoop submits that the documents Mr. Stocks provided at the boarding gate did not meet the requirements established in paragraph 3(1)(a) of the Secure Air Travel Regulations ^{Note 3}(SATR), which requires carriers to verify the identity of each passenger at the boarding gate using a piece of valid photo identification issued by a government authority in Canada. In support of its position, Swoop submits that the identification cannot be expired, according to guidance from both Transport Canada and Public Safety Canada. Swoop also notes that the memorandum from the Ministry refers to temporary regulations that extended the validity of drivers licenses, and submits that regulations made by the Ministry would only be valid within Ontario. Swoop claims that the statement in the memorandum that the Ministry is seeking the assistance of police services to suspend the enforcement of driver renewal requirements for those travelling outside of Ontario supports its position.

[7] The Agency recognizes that Swoop’s refusal to transport Mr. Stocks caused him extra expense and inconvenience. However, given Swoop’s obligations under paragraph 3(1)(a) of the SATR and Rule 105(A)(1)(a) of the Tariff, the Agency must find that it was reasonable for Swoop to refuse to transport Mr. Stocks because his identification documents had expired.

[8] According to Rule 105(C) of the Tariff, when Swoop refuses to transport a passenger, its liability is limited to providing the passenger with a refund of the unused portion of their ticket in accordance with Rule 125(B), Involuntary Refunds. Rule 125(B)(2)(e) states that if Swoop refused to transport a passenger in accordance with Rule 105(A)(1), it will offer a refund equal to the fare and charges paid. Swoop has demonstrated that it provided Mr. Stocks with a refund of CAD 183.49, which is the amount paid for his ticket.

[9] Given this, the Agency finds that Swoop has properly applied Rule 125(B)(2)(e) of its Tariff and therefore dismisses the application.
 

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APPENDIX TO DECISION 108-C-A-2022

Canada Transportation Act, SC 1996, c 10

67(3) The holder of a domestic licence shall not apply any fare, rate, charge or term or condition of carriage applicable to the domestic service it offers unless the fare, rate, charge, term or condition is set out in a tariff that has been published or displayed under subsection (1) and is in effect.

Secure Air Travel Regulations, SOR/2015-181 

Verification of Identity

Boarding gate – domestic flight

3(1) Subject to subection (2), an air carrier must, at the boarding gate for a domestic flight, verify the identiy of each passenger who appears to be 18 years of age or older using

(a) One piece of valid photo identification issued by a government authority in Canada that shows the passenger's surname, first name and any middle names and their date of birth, except any document, however described and regardless of format, issued by a government authority for the purposes of fishing, hunting or boating;

…

Tariff Containing Rules Applicable to Scheduled Services for the Transportation of Passengers and their Baggage Between Points in Canada and Points in Canada CTA(A) 1

Rule 105: Refusal to Transport

(A)Refusal to Transport – Removal of Passenger
The carrier will refuse to transport, or will remove any passenger at any point for any of the following reasons:

1. Government Requests, Regulations and Force Majeure

Whenever it is necessary or advisable to:

(a) Comply with any government regulation; or,

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Rule 125: Refunds

(A)General

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(B) Involuntary Refunds

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2. The amount of the involuntary refund will be as follows:

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(e) If, due to a refusal of transport in accordance with 105(A) 1 or 105(A) 5, carrier will offer a refund equal to the fare and charge paid.

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