Order No. 2020-A-32
IN THE MATTER OF an immediate and temporary stay of all dispute proceedings involving air carriers.
On March 11, 2020, the World Health Organization assessed the outbreak of COVID-19 as a pandemic. Since the outbreak of the virus, a number of countries, including Canada, have imposed travel bans, restrictions, or advisories. On March 13, 2020, in Determination No. A-2020-42, the Agency ordered that all air carriers be temporarily exempted from certain provisions of the Air Passenger Protection Regulations, SOR/2019-150. On March 16, 2020, the Government of Canada announced several new COVID 19 responses which directly affect air carriers. Air carriers are now required to conduct a basic health assessment of all passengers, and to deny boarding for international flights to Canada to passengers who present COVID-19 symptoms, and to many non citizens and non-residents. As of March 18, 2020, arrivals of international flights are restricted to four airports in Canada.
The impact of the COVID-19 pandemic on air carriers and passengers is significant and continues to evolve. Air carrier resources are highly stretched as carriers work to bring Canadians home from abroad, implement new Government of Canada directions, and adjust to rapidly dropping passenger volumes and travel restrictions.
The Agency finds that in light of these extraordinary circumstances, it would be just and reasonable to temporarily stay dispute proceedings involving air carriers to permit them to focus on immediate and urgent operational demands.
ORDER
Pursuant to subsection 5(2), paragraph 41(1)(d), and section 6 of the Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings), SOR/2014-104, the Agency, on its own motion, orders that all dispute proceedings before the Agency involving air carriers be stayed until April 30, 2020. The stay is effective immediately and applies to all current applications currently before the Agency, as well as any applications received for dispute adjudication during the stay period. On or before April 30, 2020, the Agency will determine if the stay should end on that date or be extended to a later date. In exceptional circumstances, the Agency may lift the stay on individual cases sooner, where necessary in the interests of justice.
Member(s)
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