Decision No. 372-C-A-2007

July 20, 2007

File No. M4370/04-7454

In its Decision No. 319-C-A-2006 dated June 1, 2006, respecting a complaint filed by Darren and Beth Jakubec regarding Air Canada's liability for the domestic carriage of animals as checked baggage, the Canadian Transportation Agency (hereinafter the Agency):

• disallowed Rule 230(B)(1) of Air Canada's tariff governing domestic travel, namely, the Canadian Domestic General Rules Tariff, Airline Tariff Publishing Company, Agent (hereinafter the Tariff), and
• directed Air Canada to revise the Tariff so as to clearly set out that adequate and timely notice of Air Canada's limitations of liability for the carriage of animals shall be provided, and the means by which Air Canada shall provide such notice, including the carrier's Web site, advertisements and information relating to the carriage of animals, and in documents provided to passengers that may also set out the carrier's liability in respect of baggage, such as itineraries and electronic tickets. This notice shall accurately reflect Air Canada's limitations of liability, and be set out in clear and unambiguous language.

In a letter dated September 21, 2006, Air Canada advised the Agency of the carrier's amendments to its Tariff, Web site and itinerary receipts in response to Decision No. 319-C-A-2006.

In Decision No. 153-C-A-2007 dated March 28, 2007, the Agency found that Air Canada had not clearly set out the extent of its liability, and directed the carrier to amend the Tariff to "make it clear that Air Canada does not limit its liability with respect to direct damages or in cases of gross negligence or intentional fault of the carrier or its agents", and that "This change shall also be reflected in the carrier's supporting documents, that is, on its Web site and on itinerary/receipts".

In a letter received by the Agency on June 19, 2007, Air Canada advised that it will cease the carriage of pets as checked baggage, on both domestic and international (including transborder) routes, as of July 15, 2007. As such, Air Canada submitted that the Agency's direction in Decision No. 153-C-A-2007 is now moot.

On July 10, 2007, the Agency initiated pleadings respecting a complaint regarding Air Canada's discontinuation of the carriage of animals as checked baggage on domestic, transborder and international flights.

As a result of that complaint, the Agency has suspended, until the disposition of the complaint, the implementation of a proposed new tariff by Air Canada banning the carriage of animals as checked baggage on its transborder and international flights.

The Agency has no jurisdiction to suspend the equivalent Air Canada domestic tariff, but as that domestic tariff will also be reviewed in the aforementioned complaint, and that review may affect the Agency direction set out in Decision No. 153-C-A-2007, the Agency hereby stays the direction contained in Decision No. 153-C-A-2007 pending the disposition of the aforementioned complaint.

Members

• Geoffrey C. Hare
• Raymon J. Kaduck
• John Scott