Decision No. 32-C-A-2022

[1] Zahra Ghaedi originally purchased a round-trip ticket with Qatar Airways to travel from Tehran, Iran, to Vancouver, British Columbia, via Doha, Qatar, and Montréal, Quebec, departing on May 31, 2020, and returning on August 4, 2020. However, due to COVID‑19 entry restrictions that Canada had in place at the time, Qatar Airways had to obtain an OK-to-Board (OKTB) verification for Ms. Ghaedi. As the OKTB had not been received prior to May 31, 2020, Ms. Ghaedi was rebooked on a flight, at no extra cost, with a departure date of June 1, 2020, then on another flight, for the same reason, departing June 8, 2020.

[2] Ms. Ghaedi was refused transportation on her flight from Tehran to Doha on June 8. As a result, she rebooked her flight, at no extra cost, for June 14, 2020. However she was again refused transportation on this flight. Ms. Ghaedi was able to travel to Canada on October 2, 2020.

[3] Ms. Ghaedi seeks compensation in the amount of CAD 17,400 for: lost wages, medical and other expenses related to her pain and suffering; expenses incurred for travel to and from her hometown of Esfahan, Iran; and lodging in Tehran. Ms. Ghaedi also seeks a written apology from the Qatar Airways representative in Tehran and a free ticket for travel from Iran to Canada.

[4] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether Qatar Airways properly applied its TariffNote 1 to the ticket Ms. Ghaedi purchased. The relevant provisions of the Tariff are set out in the Appendix.

[5] If the Agency finds that Qatar Airways failed to properly apply its Tariff, the Agency can direct it to pay compensation for any expense incurred by a person adversely affected by its failure. The Agency understands that not being able to be with her family was a stressful and difficult situation for Ms. Ghaedi. However, with respect to Ms. Ghaedi’s request, the Agency does not have the authority to order remedies such as compensation for lost wages, medical and other expenses related to her pain and suffering or a written apology and a free ticket for travel.

[6] Rule 25(A)(1) of the Tariff provides that Qatar Airways may refuse carriage of a passenger if, in the exercise of its reasonable discretion, it determines that such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over.

[7] Qatar Airways submits that, due to the complexity of COVID-19 entry restrictions imposed by many countries, an OKTB is obtained for certain destinations. Accordingly, Ms. Ghaedi’s travel agent submitted her travel documents ahead of her original scheduled departure on May 31, 2020, to Qatar Airways. Qatar Airways then forwarded them to the Canada Border Services Agency (CBSA) for authorization to transport Ms. Ghaedi. The CBSA recommended that Qatar Airways not accept to transport Ms. Ghaedi as her purpose of travel was considered discretionary and she could be refused entry into Canada.

[8] Ms. Ghaedi submits that the CBSA announced that, as of June 8, 2020, foreign nationals who were immediate family members of Canadian citizens and permanent residents would be exempt from the prohibition on entering Canada if they were entering to be with an immediate family member for a period of at least 15 days. Ms. Ghaedi submits that she was carrying the proper travel documents, including proof that she was travelling to Canada to be with her daughter, a Canadian citizen, when she attempted to travel on June 8 and June 14, 2020. Accordingly, Ms. Ghaedi submits that she was wrongfully refused transportation by Qatar Airways.

[9] Qatar Airways filed correspondence with the CBSA which indicates that it attempted to obtain an OKTB for Ms. Ghaedi again on June 7, 2020. The CBSA maintained its recommendation not to permit Ms. Ghaedi to board and advised Qatar Airways that Ms. Ghaedi must wait for Canada’s COVID-19 entry restrictions to ease. Additionally, Ms. Ghaedi filed correspondence with Qatar Airways dated June 17, 2020, regarding her second refusal on June 14, 2020, in which Qatar Airways maintained that it was unable to obtain approval for her to board.

[10] Given that Qatar Airways was not able to obtain an OKTB from the CBSA for Ms. Ghaedi, and that the CBSA stated that Ms. Ghaedi could be refused entry into Canada, the Agency finds that, in accordance with Rule 25(A)(1) of the Tariff, Qatar Airways exercised its reasonable discretion in determining it was necessary to refuse to transport Ms. Ghaedi in order to comply with the applicable laws, regulations and orders of Canada. Therefore, the Agency finds that Qatar Airways properly applied the Tariff when it refused to transport Ms. Ghaedi on June 8 and June 14, 2020.

[11] In light of the above, the Agency dismisses the application.
 

 APPENDIX TO DECISION NO. 32-C-A-2022

Air Transportation Regulations, SOR/88-58 (ATR)

110 (4)Where a tariff is filed containing the date of publication and the effective date and is consistent with these Regulations and any orders of the Agency, the tolls and terms and conditions of carriage in the tariff shall, unless they are rejected, disallowed or suspended by the Agency or unless they are replaced by a new tariff, take effect on the date stated in the tariff, and the air carrier shall on and after that date charge the tolls and apply the terms and conditions of carriage specified in the tariff.

....

113.1 (1) If an air carrier that offers an international service fails to apply the fares, rates, charges or terms and conditions of carriage set out in the tariff that applies to that service, the Agency may, if it receives a written complaint, direct the air carrier to

(a) take the corrective measures that the Agency considers appropriate; and

(b) pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and
      conditions that are applicable to the service it offers and that were set out in the tariff.

International Passenger Rules and Fares Tariff QR1 Containing Local Rules, Fares & Charges on behalf of Qatar Airways (Q.C.S.C.) Applicable to the Transportation of Passengers and Baggage between points in Canada/USA and points in area 1/2/3, CTA 524 (Tariff)

Rule 25 Refusal to Transport, Limitation of Carriage

(A)  QR may refuse carriage of a passenger or a baggage for reasons of safety or if, in the exercise of QR reasonable discretion, QR determine that:

(1) Such action is necessary in order to comply with any applicable law, regulations or orders of any state or country to be flown, from, into or over

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