Determination No. A-2020-47

March 25, 2020

DETERMINATION by the Canadian Transportation Agency relating to COVID-19 pandemic – Additional temporary exemptions to certain provisions of the Air Passenger Protection Regulations, SOR/2019-150 (APPR) and extension of the temporary exemption period.

Case number: 
20-03254

[1] On March 11, 2020, the World Health Organization assessed the outbreak of COVID-19 as a pandemic.

[2] On March 13, 2020, the Canadian Transportation Agency (Agency) found in Determination No. A‑2020‑42 that it is undesirable that carriers be obligated to follow certain requirements of the APPR in these circumstances.

[3] Specifically, in the context of the significant declines in passenger volumes and disruptions to air carrier operations caused by the COVID-19 pandemic, the Agency granted temporary exemptions from APPR requirements related to compensation for inconvenience and to rebooking with competitors, to provide air carriers with increased flexibility to adjust flight schedules without facing prohibitive costs.

[4] To allow air carriers to continue focusing on immediate and urgent operational demands, including bringing Canadians home from abroad, the Agency considers it temporarily undesirable for air carriers to have to meet the APPR’s 30-day deadline to respond to passengers’ claims for the payment of compensation for inconvenience.

[5] Further, considering that the major impacts of the COVID-19 pandemic on the air sector are unlikely to be resolved by April 30, 2020, the Agency finds it appropriate to extend the duration of the exemptions in Determination No. A-2020-42.

ORDER

[6] Pursuant to subsection 80(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, the Agency orders that all air carriers be exempted from the requirement under subsection 19(4) of the APPR to respond to requests for compensation, on the condition that air carriers respond to such requests within 120 day of the expiry of this order.

[7] This Order is effective immediately and will remain valid until June 30, 2020.

[8] The Agency further orders that the exemptions granted by Determination No. A‑2020-42 remain valid until June 30, 2020.

[9] Exemptions granted under this determination and Determination No. A-2020-42 may be extended by a further determination of the Agency, if required.

Member(s)

Scott Streiner
Elizabeth C. Barker
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