Tariff has terms and conditions that are unclear, unjust or unreasonable, or unduly or unjustly discriminatory

Most air complaints are about a carrier failing to respect its tariff.

However, you can also file a complaint with the Agency if you believe that the terms and conditions of the tariff are unclear, unjust or unreasonable, or unduly or justly discriminatory.

How can I file an air tariff complaint ?

Follow the steps outlined on how to file an application for adjudication.

What are terms and conditions that are unclear, unjust or unreasonable, or unduly or unjustly discriminatory?

Air carriers can set the terms and conditions of their tariffs, so long as they are:

• clear;
• just and reasonable, and not unduly or unjustly discriminatory; and
• consistent with international agreements or conventions to which Canada is a signatory.

A carrier meets its tariff obligation of clarity when, in the opinion of a reasonable person, the rights and obligations of both the carrier and passengers are stated in such a way as to exclude any reasonable doubt, ambiguity or uncertain meaning.

When considering the reasonableness of a carrier’s tariff, the Agency strikes a balance between the rights of passengers to be subject to reasonable terms and conditions of carriage and the carrier’s statutory, commercial and operational obligations.

When considering whether a tariff is unduly or unjustly discriminatory, the Agency must first determine whether the term or condition of carriage applied is “discriminatory”. If the Agency finds that the term or condition of carriage applied by the domestic carrier is “discriminatory”, the Agency must then determine whether such discrimination is “unjust” in consideration of the statutory, commercial and operational reasons that led to the tariff.

What process will the Agency follow?

For complaints about terms and conditions that are unclear, unjust or unreasonable, or unduly or unjustly discriminatory, the Agency uses adjudication.