Decision No. 2-C-A-2022

[1] Ms. Lam purchased a ticket from Air Canada to travel on February 11, 2020, from Havana, Cuba, to Vancouver, British Columbia, via Toronto, Ontario. She was scheduled to depart Havana at 7:00 a.m. and to arrive in Vancouver at 5:02 p.m. However, the flight from Havana to Toronto was delayed, which resulted in her missing her connecting flight to Vancouver. Air Canada reprotected her on another flight to Vancouver later the same day.

[2] Ms. Lam seeks compensation for the following issues:

- Air Canada provided a meal voucher at the Havana airport, but the airport café did not offer vegetarian meals;

- the location of the seat she was assigned on her flight to Vancouver;

- the screen at her seat on the flight to Vancouver was not working;

- she was not permitted to remove her laptop from her baggage before it was checked;

- she took a taxi from the airport, instead of public transportation, due to her delayed arrival in Vancouver; and

- the alleged rudeness of Air Canada staff.

[3] Ms. Lam argues that she is also entitled to compensation as her flight from Havana to Toronto was delayed by more than three hours. She seeks compensation in the amount of CAD 400 for the delay and other issues.

[4] When considering an application, one of the Agency’s roles is to decide whether the carrier properly applied its tariff. In this particular case, the Agency must determine whether Air Canada followed the rules applicable to the ticket Ms. Lam purchased. The relevant provisions of Air Canada’s International Passenger Rules and Fares Tariff No. AC2 containing Local Rules, Fares & Charges on behalf of Air Canada Applicable to the Transportation of Passengers and Baggage between points in Canada/USA and points in Areas 1/2/3 and between the USA and Canada (Tariff) are set out in the Appendix. Ms. Lam raised one issue that relates to the proper application of the Tariff: whether she is entitled to compensation due to the flight delay she experienced. The other matters are customer service issues outside the Agency’s jurisdiction.

[5] It is undisputed that Ms. Lam’s flight from Havana to Toronto was delayed by more than three hours. Ms. Lam stated that she arrived in Vancouver at 7:00 p.m. while Air Canada provided business records establishing that the flight arrived in Vancouver at 6:36 p.m. Ms. Lam’s initial arrival time in Vancouver was 5:02 p.m. The times indicated by both parties demonstrate that she experienced a delay of less than three hours in reaching her final destination of Vancouver.

[6] Rule 80(B)(3)(d) of Air Canada’s Tariff states that it will compensate passengers in accordance with the Air Passenger Protection Regulations, SOR/2019-150(APPR) when they experience a delay that is within its control. According to paragraph 19(1)(a)(i) of the APPR, a carrier must provide compensation to passengers only when they are delayed by three or more hours in reaching their final destination. No provisions in the APPR or in the Tariff require Air Canada to compensate passengers for delays outside of its control.

[7] The Agency finds that Ms. Lam is not entitled to compensation for the delay she experienced and that Air Canada properly applied its Tariff. Therefore, the Agency dismisses the application.
 

APPENDIX TO DECISION NO. 2-C-A-2022

International Passenger Rules and Fares Tariff No. AC2 containing Local Rules, Fares & Charges on behalf of Air Canada Applicable to the Transportation of Passengers and Baggage between points in Canada/USA and points in Areas 1/2/3 and between the USA and Canada, CTA No. 458.

Rule 80 Schedule Irregularities

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(B) Schedule Irregularity

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(3) In the event of a Scheduled Irregularity that is within Air Canada’s control:

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d) Compensation

If, due to a delay or cancellation within Air Canada’s control, passenger arrives with a delay at arrival of three hours or more, Air Canada will provide compensation in accordance with APPR. Only the operating carrier will provide compensation;

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Air Passenger Protection Regulations, SOR/2019-150

Compensation for delay or cancellation

19 (1) If paragraph 12(2)(d) or (3)(d) applies to a carrier, it must provide the following minimum compensation:

(a)  in the case of a larger carrier,

(i)  $400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,

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