Types of enforcement actions and contraventions

Table of contents

Types of enforcement actions

There are two ways the CTA can deal with non-compliance:

  1. Members can order corrective actions as part of a formal finding that a provision has been contravened. (Members are decision-makers who are appointed by Cabinet to make adjudicative decisions and regulatory determinations). In some cases, this could include compensating affected parties.
  2. Enforcement officers can issue administrative monetary penalties for contraventions of certain provisions.

An enforcement officer may opt to issue a warning rather than an administrative monetary penalty for a first contravention of a relatively minor or administrative provision, if it is clear that the contravention was inadvertent. This is most likely to occur with a smaller and/or newer transportation service provider.

Penalties for individuals (Administrative monetary penalties)
Severity of violation 1st violation 2nd violation 3rd violation 4th and subsequent violations
Level 1 $100 $100 $100 $100
Level 2 $100 $250 $500 $1,000
Level 3 $250 $500 $1,000 $2,000
Level 4 $500 $1,000 $2,500 $5,000Footnote 1
Level 4A $50 $100 $250 $500Footnote 2
Level 5 $1,000 $2,500 $5,000 $5,000

Note: In this context, an individual also means a sole proprietorship or partnership. In most cases, employees are viewed as agents of the employer. This means that employers are liable for the misconduct of their employees and are subject to any enforcement action.

Penalties for corporations (Administrative monetary penalties)
Severity of violation 1st violation 2nd violation 3rd violation 4th and subsequent violations
Level 1 $250 $500 $500 $500
Level 2 $500 $1,250 $2,500 $5,000
Level 3 $1,250 $2,500 $5,000 $10,000
Level 4 $2,500 $5,000 $12,500 $25,000Footnote 3
Level 4A $250 $500 $1,250 $2,500Footnote 4
Level 5 $5,000 $12,500 $25,000 $25,000

The above AMP schedules, including levels of severity of violation, are currently under review.

Note: With the coming into force of  the Accessible Canada Act, the designated provisions of the Personnel Training for the Assistance of Persons with Disabilities Regulations and of part VII of the Air Transportation Regulations, as provided for in the Canadian Transportation Agency Designated Provisions Regulations, are no longer in effect.

For violations of insurance requirements for federally-regulated railway companies, enforcement officers can also issue fines of up to $100,000.

Types of contraventions

Enforcement officers monitor compliance with the following legislation and regulations:

These tables show the level of severity of each type of violation.

Canada Transportation Act

Provision Violation Level
par. 57(a) Operating an air service without holding a valid licence in respect of that service. 5
par. 57(b) Operating an air service without holding a Canadian aviation document in respect of that service. 5
par. 57(c) Operating an air service without having the prescribed liability insurance coverage in effect in respect of that service. 5
s. 59 Selling, causing to be sold or publicly offering for sale in Canada an air service for which no licence is held. 4
subs. 60(1)(b) Providing all or part of an aircraft with a flight crew to a licensee for the purpose of providing an air service pursuant to the licensee's license or providing an air service using all or part of an aircraft with a flight crew provided by an another person without the approval of the Agency as prescribed in section 8.2 of the Air Transportation Regulations. 4
subs. 64(1) Not giving notice to persons in the form and the manner prescribed in section 14 of the Air Transportation Regulations of a licensee's proposal to discontinue a domestic service to a point where, as a result of the proposed discontinuance, there will be only one licensee or no licensee offering at least one flight per week to that point. 3
subs. 64(1) Not giving notice to persons in the form and the manner prescribed in section 14 of the Air Transportation Regulations of a proposal to reduce the frequency of a domestic service to a point to less than one flight per week where, as a result of the proposed reduction, there will be only one licensee or no licensee offering at least one flight per week to that point. 3
subs. 64(1.1) Not giving notice to persons in the form and the manner prescribed in section 14 of the Air Transportation Regulations of a proposal to discontinue a year-round non-stop scheduled air service between two points in Canada where that discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points. 3
subs. 64(2) Implementing a proposal to discontinue a domestic service to a point where, as a result of the proposed discontinuance, there will be only one licensee or no licensee offering at least one flight per week to that point less than 120 days, or 30 days if the service has been in operation for less than one year, after notice of the proposal was given. and/or 3
subs. 64(2) Implementing a proposal to discontinue a year-round non-stop scheduled air service between two points in Canada where that discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points less than 120 days, or 30 days if the service has been in operation for less than one year, after notice of the proposal was given. 3
subs. 64(2) Implementing a proposal to reduce the frequency of a domestic service to a point to less than one flight per week where, as a result of the proposed reduction, there will be only one licensee or no licensee offering at least one flight per week to that point less than 120 days, or 30 days if the service has been in operation for less than one year, after notice of the proposal was given. 3
subs. 64(2) Not complying with an Agency order made under subsection 64(2) to not implement a proposal to discontinue a domestic service to a point where, as a result of the proposed discontinuance, there will be only one licensee or no licensee offering at least one flight per week to that point until the expiry of the notice specified in the order. 5
subs. 64(2) Not complying with an Agency order made under subsection 64(2) to not implement a proposal to discontinue a year-round non-stop scheduled air service between two points in Canada where that discontinuance would result in a reduction, as compared to the week before the proposal is to take effect, of at least 50% of the weekly passenger-carrying capacity of all licensees operating year-round non-stop scheduled air services between those two points until the expiry of the notice period specified in the order. 5
subs. 64(2) Not complying with an Agency order made under subsection 64(2) to not implement a proposal to reduce the frequency of a domestic service to a point to less than one flight per week where, as a result of the proposed reduction, there will be only one licensee or no licensee offering at least one flight per week to that point until the expiry of the notice period specified in the order. 5
par. 66(1)(a) Not complying with an Agency order disallowing a fare, cargo rate or increase in a fare or cargo rate published or offered in respect of a domestic service provided between two points. 5
par. 66(1)(b) Not complying with an Agency order directing a licensee to amend its tariff by reducing a fare, rate or increase in a fare or cargo rate by the amounts and for the periods specified in the order. 5
par. 66(1)(c) Not complying with an Agency order directing a licensee to refund amounts specified by the Agency to persons determined by the Agency to have been overcharged by the licensee. 5
subs. 66(2) Not complying with an Agency order directing a licensee to publish and apply additional fares or cargo rates. 5
subs. 66(8) Not complying with an Agency order to protect the confidentiality of information that the Agency is considering in the course of proceedings under section 66. 5
par. 67(1)(a) Not displaying, in a prominent place at the licensee's business offices a sign indicating that the tariffs for the domestic service it offers, including the terms and conditions of carriage, are available for public inspection at its business offices. 4
par. 67(1)(a.1) Not publishing the terms and conditions of carriage on any Internet site used by the licensee for selling domestic service offered by the licensee. 4
para. 67(1)(c) Not retaining a record of licensee's domestic tariffs for a period of at least three years after the tariffs have ceased to be in effect. 3
subs. 67(3) The holder of a domestic license applying a fare, rate, charge or term or condition of carriage to the domestic service it offers where the fare, rate, charge or term or conditions has not been set out in a tariff that has been published or displayed and is in effect 4
subs. 67(4) Not providing a copy or excerpt of a domestic tariff on request and/or charging more than the cost of making the copy or excerpt. 2
par. 67.1(a) Not complying with an Agency order to apply a fare, rate, charge or term or condition of carriage that is set out in a tariff applicable to a domestic service. 5
par. 67.1(b) Not complying with an Agency order for the payment of compensation. 5
par. 67.1(c) Not complying with an Agency order to take corrective measures. 5
subs. 67.2(2) Advertising or applying a term or a condition of carriage that is suspended or has been disallowed. 4
subs. 68(2) Including in a confidential contract, between a holder of a domestic licence and another person, provisions with respect to the exclusive use by the person of a domestic service operated by the holder of the domestic licence between two points in accordance with a published timetable or on a regular basis where the contract is not for all or a significant portion of the capacity of a flight or a series of flights. 4
subs. 68(3) Not retaining a copy of a confidential contract for a period of at least three years after it has ceased to have effect. 2
subs. 68(3) Not complying with an Agency request to provide the Agency with a copy of a confidential contract between a holder of a domestic licence and another person made within three years after the confidential contract has ceased to have effect. 3
subs. 71(2) Not complying with the terms and conditions of a scheduled international licence. 4
subs. 74(2) Not complying with the terms and conditions of a non-scheduled international licence. 4
par. 82(a) Not notifying the Agency that liability insurance coverage has been cancelled or altered in a manner resulting in the failure to have the prescribed coverage for that service. 4
par. 82(b) Not notifying the Agency that operations have changed in a manner resulting in the failure to have the prescribed liability insurance coverage. 4
par. 82(c) Not notifying the Agency of any changes that affects or is likely to affect the licensee's Canadian status. 4
s. 83 Not providing the Agency, on request, with information or documents available to the licensee that relate to any complaint under review or any investigation being conducted by the Agency. 3
subs. 84(1) Not providing the Agency, when a licensee has an agent in Canada, with the agent's name and address. 3
s.85 Not notifying the Agency in writing without delay of a change in the  address of a licensee’s principal place of business in Canada or a change in the name or address of the licensee’s agent in Canada. 3
s. 93.1

If a certificate of fitness was issued under paragraph 92(1)(a), not maintaining adequate liability insurance coverage, as determined in accordance with the regulations, for the operation or construction of the railway for which the certificate was issued.

If a certificate of fitness was issued under paragraph 92(1)(b), not maintaining the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV, for the operation of the railway for which the certificate was issued.

up to $100,000
s. 94 Not notifying the Agency in writing without delay if the liability insurance coverage of the holder of a certificate of fitness is cancelled or altered or if there are any changes to the construction or operation that may affect the liability insurance coverage. up to $100,000
subs. 172(3) Not complying with an Agency order requiring the taking of corrective measures. 5
subs. 172(3) Not complying with an Agency order directing the payment of compensation. 5
subs. 178(5) Not providing reasonable assistance at the request of an enforcement officer and/or not furnishing information at the request of an enforcement officer. 2

Air Transportation Regulations

Provision Violation Level
par. 7(1)(a) Operating an air service without having passenger liability insurance in the prescribed amount. 5
par. 7(1)(b) Operating an air service without having public liability insurance in the prescribed amount. 5
subs. 7(3) Having liability insurance that contains an exclusion or waiver provision, other than those allowed under paragraphs 7(3)(a) to (d), reducing insurance coverage for any accident or incident below the prescribed amounts. 4
subs. 7(4) Having single limit liability coverage for an amount less than the applicable combined insurance minima. 4
subs. 8(1) [Licensee] Not filing a valid certificate of insurance with the Agency. 3
subs. 8(2) Not filing a certified true copy of the certificate of insurance on request by the Agency. 2
subpara. 8.1(2)(a)(vi) Where the applicant is a corporation ,redeeming capital stock issued and paid for less than one year after the date of issuance or reinstatement of the licence. 5
subpara. 8.1(2)(a)(vii) Withdrawing capital injected into a proprietorship or partnership less than one year after the date of issuance or reinstatement of the licence. 5
subs. 8.2(4) Not maintaining prescribed passenger and third party liability insurance coverage for a service for which another person provides an aircraft with flight crew. 4
subs. 8.2(5) Where the licensee is named as an additional insured under the policy of the person who is providing all or part of an aircraft with flight crew, not having a written agreement between the licensee and the person, providing that for all flights for which the person provides all or part of an aircraft with flight crew, the person will hold the licensee harmless from, and indemnify the licensee for, all passenger and third part liabilities while passengers or cargo transported under contract with the licensee are under the control of the person. 4
subs. 8.2(6) Not notifying the Agency in writing of the cancellation of or alteration in any manner to the prescribed liability insurance coverage that results in failure by the licensee or the person who provided the aircraft with flight crew to maintain coverage. 4
8.5(1) Not notifying the public, in accordance with subsection 8.5(2), that an air service will be operated by a licensee using an aircraft and flight crew provided by another person. 3
Subs 8.5(3) Not identifying the person providing the aircraft as well as the aircraft type for each segment of the journey on all travel documents, including, if issued, itineraries. 3
par. 18 (1)(a) Not providing, on reasonable request, transportation in accordance with the terms and conditions of the licence and not furnishing such services, equipment or facilities as are necessary for the purposes of that transportation. 4
par. 18 (1)(b) Making a public statement that is false or misleading with respect to the licensee's air service or any service incidental thereto. 4
par. 18 (1)(c) Operating an international service, or representing by advertisement or otherwise the licensee as operating  such service under a name other than the name on the licence, except when the advertisement is put on the exterior of the aircraft. 3
s. 19 Not operating every scheduled international flight in accordance with the licensee's service schedule, subject to any delays due to weather, conditions affecting safety or abnormal operating conditions. 2
s.21 Operating an international charter without a charter permit issued by the Agency or deemed to have been issued, in respect of that charter. 4
s.22 Not operating an international charter in accordance with the information submitted in order to obtain the charter permit, if the Agency has issued a charter permit to a licensee for the operation of an international charter. 4
subs. 31(1) A licensee that operated a charter flight or series of charter flights not keeping evidence that it has complied with the information submitted in order to obtain the charter permit that was issued for that charter flight or those series or charter flights (including any evidence in regards to advanced payments in the case of resaleable  charter and flight coupons). 3
subs. 31(2) Not keeping evidence, for a period of one year after the date of departure of the last charter flight, of operating a charter flight or series of flights in accordance with the information submitted to obtain a permit. 3
s.32 Chartering with more than three charterers, of which one or more may be foreign-origin charterers, when operating a passenger non-resaleable charter destined to a country other than the United States. 3
subs. 34(7) Not fully protecting through the financial guarantee any advance payment in respect of a passenger resaleable charter or series of passenger resaleable charters from the time the advance payment is received by the licensee. 4
par. 36(1)(a) Not notifying the Agency in writing of any amendment to the charter contract or arrangement after the issuance of the charter permit, by submitting to the Agency a copy of the amended charter contract or arrangement at least three working days before the amendment takes effect and by obtaining an amended charter permit from the Agency when operating a passenger resaleable charter or series of passenger resaleable charters that use aircraft having an MCTOW greater than 15 900 kg. 4
par. 36(1)(b) Not filing with the Agency, without delay, any amendment to the financial guarantee when operating a passenger resaleable charter or series of passenger resaleable charters that use aircraft having an MCTOW greater than 15 900 kg. 4
par. 36(1)(c) Not notifying the Agency in writing of the cancellation of any charter flight as per the contract or arrangement, specifying the number of the charter permit issued when operating a passenger resaleable charter or series of passenger resaleable charters that use aircraft having an MCTOW greater than 15 900 kg. 2
subs. 37(2) Modifying the monitoring, compliance and disclosure systems during the period of validity of the charter permit issued under subsection 37(1) without the prior written approval of the Agency. 4
par. 37(3)(a) Not including, during the period of validity of a charter permit issued under subsection 37(1),  in every charter contract and arrangement that is in force during that period, the information and statement required under subsections 34(3) and (4) respectively. 2
par. 37(3)(b) Not including, during the period of validity of a charter permit issued under subsection 37(1), on the page that bears the signatures of both the licensee and the charterer, that a charter permit has been issued by the Agency as well as the period of validity of the permit. 2
par. 37(3)(c) Not providing, during the period of validity of a charter permit issued under subsection 37(1), each charterer with: (i) a copy of the financial guarantee and any amendment made to the financial guarantee as well as signed documentation that establishes that the advance payments received by the licensee for each charter or series of charters are protected; or, (ii) if the financial guarantee is a letter of credit, not providing the charterer with the original letter of credit along with any amendments made to the letter of credit. 4
par. 37(3)(e) Not filing, during the period of validity of a charter permit issued under subsection 37(1), with the Agency a copy of all financial guarantees, other than financial guarantees referred to in paragraph 37(1)(a), subsection 34(8) and paragraph 36(1)(b), prior to any advance payments being received from the charterer. 4
par. 37(3)(f) Not filing, during the period of validity of a charter permit issued under subsection 37(1), evidence with the Agency, upon filing with the Agency a copy of a financial guarantee: (i) that the charterer has been provided with the financial guarantee; and (ii) the level of protection specified in the financial guarantee is such that all advance payments are fully protected at all times. 2
s.38 Not submitting in writing to the Agency within 30 days after the end of each month a report respecting passenger resaleable charter or series of passenger resaleable charters that were operated with aircraft having a MCTOW greater than 15 900 kg pursuant to a charter permit that was issued under subsection 37(1) during the previous month. 2
par. 107(1)(j) Domestic tariff does not contain information respecting prepayment requirements and restrictions and information respecting non-acceptance and non-delivery of goods. 2
par. 107(1)(l) Domestic tariff does not contain the terms and conditions governing the tariff, generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff. 2
par. 107(1)(m) Domestic tariff does not contain any special terms and conditions that apply to a particular toll and, where the toll appears on a page, a reference on that page to the page on which those terms and conditions appear. 2
par. 107(1)(n) Domestic tariff does not contain the terms and conditions of carriage clearly stating the air carrier's policy in respect of the matters listed under subparagraphs 107(1)(n) (i) to (xxi). 4
par. 107(1)(o) Domestic tariff does not contain the tolls, shown in Canadian currency, together with the names of the points from, to or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified. 2
par. 107(1)(p) Domestic tariff does not contain the routing related to the tolls unless reference is made in the tariff to another tariff in which the routings appear. 2
subs. 110(1) Commencing the operation of an international service prior to filing, with the Agency, a tariff for that service. 3
par. 110(3)(a) [Air carrier] Advertising, offering or charging a toll where the toll was in a tariff that had been rejected by the Agency. 3
par. 110(3)(b) [Air carrier] Advertising, offering or charging a toll where the toll is in a tariff that has been disallowed or suspended by the Agency. 4
subs. 110(4) Air carrier Not charging the tolls and applying the terms and conditions set out in a tariff. 4
subs. 110(5) Air carrier or Agent of the carrier Offering, granting, giving, soliciting, accepting or receiving a rebate, concession or privilege in respect of the transportation of any persons or goods by the air carrier whereby such persons or goods are or would be, by any device whatever, transported at a toll that differs from that named in the tariffs then in force or under terms and conditions of carriage other than those set out in such tariffs. 3
s. 113.1 Not complying with a requirement  imposed by the Agency ordering the taking of corrective measures or the payment of compensation. 5
subs. 116(1) Air carrier not keeping available for public inspection at each of its business offices a copy of every tariff in which the air carrier participates that applies to its international service. 4
subs. 116(2) Air carrier not displaying in a prominent place at each of its business offices a sign indicating that the tariffs for the international service it offers, including the terms and conditions of carriage, are available for public inspection at its business offices. 4
subs. 116(3) Air carrier not keeping a copy of any tariff participated in by the carrier, at the principal place of business in Canada of the carrier or at the place of business in Canada of the carrier's agent, for a period of three years after the date of cancellation of the tariff. 3
subs. 116.1 Air carrier not posting on its Internet site, in a prominent location on the site, the air carrier's terms and conditions of carriage applicable to that international service. 4
para. 122(a) An international tariff not containing the terms and conditions governing the tariff generally, stated in such a way that it is clear as to how the terms and conditions apply to the tolls named in the tariff. 2
para. 122(b) An international tariff not containing the tolls, together with the names of the points from and to which or between which the tolls apply, arranged in a simple and systematic manner with, in the case of commodity tolls, goods clearly identified. 2
para. 122(c) An international tariff not containing the terms and conditions of carriage clearly stating the air carrier's policy in respect of matters listed under subparagraphs 122(c)(i) to (xii). 4
subs. 127(4) Not notifying the Secretary that the international tariff or any portion thereof is disallowed by the competent authorities of the other country. 2
subs. 127.1(2) Not notifying the Agency that an international tariff or portion thereof has been rejected by competent authorities of another country. 2
subs. 129(1) [Air Carrier or Agent] Failure to file, immediately, with the Agency an appropriate international tariff, to become effective not less than one working day after the date of filing, to restore a provision which was suspended or disallowed by the Agency. 4
s. 137 Not filing a service schedule or an amendment to a service schedule as prescribed in section 139 or a filing advice as prescribed in subsection 140(3) of the Air Transportation Regulations, when the schedule is on paper. 2
s. 141 Air carrier failing to keep its current service schedule, with amendments, available for public inspection at each of its business offices. 2
par. 144(b) Air carrier fails to file appropriate number of timetables with the Agency at the time of publication. 1
subs. 147(1) Failure to provide a service listed in this subsection to a person if requested. 4
subs. 147(2) Failure to describe, if requested when a reservation is being made for a person, the services that the air carrier is required, pursuant to this section and sections 148 and 149, to provide to persons with a disability and any conditions in respect of those services set out in those sections and section 151, and any additional service that the air carrier provides to persons with a disability and any conditions in respect of that additional service and/or failure to confirm, after asking the person, which services that person requests. 4
subs. 148(1) Failure to accept for carriage as priority baggage, without charge and in addition to the free baggage allowance permitted to a passenger, an aid listed in this subsection, where it is required for the mobility or well-being of the person. 4
par. 148(2)(b) Failure to advise a person with a disability about transportation arrangements that are available for electric wheelchairs, scooters or manually operated rigid frame wheelchairs where an air carrier operated an aircraft that had fewer than 60 passenger seats and the design of the aircraft did not permit the carriage of the person's aid. 4
subs. 148(3) Failure to allow a person in a manually operated wheelchair to remain in the wheelchair until the person reaches the boarding gate from which the person's flight is to depart; or where facilities permit, while the person is moving between the terminal and the door of the aircraft; or where space and facilities permit, while the person is moving between the terminal and the passenger seat. 4
subs. 148(4) Failure by an air carrier that accepts for carriage any of the following aids: an electric wheelchair, a scooter, a manually operated rigid-frame wheelchair, a manually operated folding chair, a walker, a cane, crutches or braces, to, without charge, disassemble and package the aid; or where the person has been required to board the aircraft in advance of other passengers pursuant to subsection 147(3), identify the aid as priority baggage; or unpackage and reassemble the aid; or return the aid to the person promptly on arrival at the person's destination. 4
subs. 148(5) Failure to allow a person who requires a wheelchair to store the wheelchair in the passenger cabin, where space permits, without charge or failure to allow a person who requires either a walker, a cane, crutches, braces, any device that assists the person to communicate better or any prosthesis or medical device to retain the aid in the person's custody during the flight, where space permits, without charge. 4
subs. 149(1) Failure to accept a service animal for carriage without charge where the animal is required by a person for assistance and where the animal is certified, in writing, as having been trained by a professional service animal institution to assist a person. 4
subs. 149(2) Failure to permit a service animal, where the animal is properly harnessed in accordance with standards established by a professional service animal institution, to accompany the person on board the aircraft and to remain on the floor at the person's passenger seat. 4
s. 150 Failure to inquire periodically about the needs of a person who is in a wheelchair, boarding chair or any other device in which the person is not independently mobile while the person was waiting for a flight after check-in or was in transit between flights and/or failure to attend to those needs where the services required are usually provided by the air carrier or are required to be provided by the air carrier under Part VII. 4
subs. 151(1) Failure to provide a service set out in Part VII when a person with a disability requested the service at least 48 hours before the scheduled departure of the flight. 4
subs. 151(2) Failure to provide an additional service set out in the air carrier's tariff when a person with a disability requested the service at least 48 hours before the scheduled departure of the flight. 4
s. 153 Failure to inform a person who identifies the nature of that person's disability of the passenger seats in the aircraft to be used that are most accessible to that person or assigning accessible seats to persons without disabilities where other seats are still available. 4
s. 154 Failure to accept the determination made by or on behalf of a person with a disability that the person does not require any extraordinary service during a flight. 4
subs. 155(1) Failure to immediately provide a suitable temporary replacement of a person's mobility aid, without charge, where it was damaged during carriage or not available at the person's destination. 4
subs. 155(2) Failure to arrange for the prompt and adequate repair, at the carrier's expense, of a person's mobility aid where it was damaged during carriage and can be repaired promptly and adequately. 4
subs. 155(3) Failure to replace a damaged or lost mobility aid with an identical one satisfactory to the person or reimburse the person for the full replacement cost of the aid where the aid is damaged during carriage and cannot be repaired promptly or adequately or where it is lost for more than 96 hours after the person's arrival at the person's destination. 4
subs. 155(4) Failure to allow a person to use a temporary replacement aid until the time the person's own aid is repaired and returned or, where the aid was to be replaced or the person was to be reimbursed, until a reasonable amount of time has elapsed to replace the aid. 4

Personnel Training for the Assistance of Persons with Disabilities Regulations

Provision Violation Level
s. 4 Failure by a carrier or terminal operator to ensure that all their employees and contractors who provide transportation related services and who may be required to interact with the public or to make decisions in respect of the carriage of persons with disabilities receive a level of training appropriate to the requirements of their function in the areas listed in this section. 4
s. 5 Failure by a carrier to ensure that all its employees and contractors who may be required to provide physical assistance to a person with a disability receive a level of training appropriate to the requirements of their function in the areas listed in this section. 4
s. 6 Failure by a carrier to ensure that all its employees and contractors who may be required to handle mobility aids receive the training described in section 4 and the level of training appropriate to the requirements of their function in the areas listed in this section. 4
s. 7 Failure by a carrier to ensure that all its employees and contractors who may be required to assist with special equipment or aids receive the training described in section 4 and the level of training appropriate to the requirements of their function in the areas listed in this section. 4
s. 8 Failure by a carrier or terminal operator to ensure that all their employees and contractors who are required by these Regulations to receive training to complete their initial training within 60 days after the commencement of their duties. 4
s. 9 Failure by a carrier or terminal operator to ensure that all their employees and contractors receive periodic refresher training sessions appropriate to the requirements of their function. 4
s. 11 Failure by a carrier or terminal operator to keep available for inspection by the Agency and the general public a copy of its current training program prepared in the form set out in the schedule and containing the information required therein. 4

Air Passenger Protection Regulations

Provision Violation Level Penalty application (per)
subs. 4(2) [Licensee] Not including the obligations to comply with the Air Passenger Protection Regulations in a charter contract for any flight within Canada or where one or more passengers began their journey in Canada, if one or more seats on that flight are purchased for resale to the public. 4 Event
par. 5(1)(a) Not making available, in simple, clear and concise language, terms and conditions on flight delay, flight cancellation and denied boarding. 4 Event
par. 5(1)(b) Not making available, in simple, clear and concise language, terms and conditions on lost or damaged baggage. 4 Event
par. 5(1)(c) Not making available, in simple, clear and concise language, terms and conditions on seat assignments to children under 14 years of age. 4 Event
subs. 5(2) Not making available the terms and conditions referred to in subsection 5(1) of the Air Passenger Protection Regulations, on all digital platforms used by the carrier to sell tickets and on all documents on which the passenger's itinerary appears. 4 Event
subs. 5(3) Not making available, in simple, clear and concise language across all digital platforms used by the carrier to sell tickets and on all documents on which the passenger's itinerary appears, information on the treatment of passenger and the minimum compensation owed and recourse available to passengers including their recourse to the Agency. 4 Event
subs. 5(5)

Not making available the following notice on all digital platforms used by the carrier to sell tickets and on all documents on which the passenger's itinerary appears:

“If you are denied boarding or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website

Si l’embarquement vous est refusé ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.”

4 Event
subs. 5(6) Not making available the information referred to in subsections 5(1) or 5(3) of the Air Passenger Protection Regulations or the notice set out in subsection (5) in a digital format compatible with adaptive technologies intended to assist persons with disabilities or, if provided in paper format, not making it available upon request in large print, Braille or digital format. 4 Event
s. 6 Not taking reasonable measures to ensure that anyone authorized to sell tickets in the carrier's name complies with section 5 of the Air Passenger Protection Regulations. 4 Event
subs. 7(1)

Not displaying,  in a visible manner at the check-in desk, self-service machines and boarding gate of an airport to or from which a carrier operates a flight, a notice containing the following text:

“If you are denied boarding or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.

Si l’embarquement vous est refusé ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.”

4 Event
subs. 7(2) Providing the notice referred to in subsection 7(1) of the Air Passenger Protection Regulations in a digital format that is not compatible with adaptive technologies intended to assist persons with disabilities, OR, not providing, upon request, in large print, Braille or digital format a notice referred to in subsection 7(1) of the of the Air Passenger Protection Regulations provided in a paper format. 4 Event
par. 8(1)(a) Not providing access to lavatories in working order, if the aircraft is equipped with lavatories, if a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, free of charge. 4 Event
par. 8(1)(b) Not providing proper ventilation and cooling or heating of the aircraft, if a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, free of charge. 4 Event
par. 8(1)(c) Not providing the means to communicate, if feasible, with people outside of the aircraft, if a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, free of charge. 4 Event
par. 8(1)(d) Not providing food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport, if a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, free of charge. 4 Event
subs. 8(2) Not facilitating a passenger's access to urgent medical assistance while the flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed. 4 Passenger
par. 9(1)(a) Not providing an opportunity for passengers to disembark, if a flight is delayed on the tarmac at an airport in Canada, three hours after the aircraft doors have been closed for take-off unless it is impossible to do so, including for reasons related to safety and security or to air traffic or customs control UNLESS, it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and the carrier is able to continue to provide the standard of treatment referred to in section 8. 4A Passenger
par. 9(1)(b) Not providing an opportunity for passengers to disembark if a flight is delayed on the tarmac at an airport in Canada, three hours after the flight has landed, or at any earlier time if it is feasible, unless it is impossible to do so for reasons related to safety and security or to air traffic or customs control UNLESS, it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and the carrier is able to continue to provide the standard of treatment referred to in section 8. 4A Passenger
sub. 9(3) Not giving a passenger with a disability and their support person, service animal or emotional support animal, if any, the opportunity to disembark first, if it is feasible, when allowing passengers to disembark in the case of a tarmac delay referred to in subsection 9(1) of the Air Passenger Protection Regulations. 4 Passenger
par. 13(1)(a) Not providing information on the reason for the delay, cancellation or denial or boarding to passengers who are affected by a cancellation, delay or a denial of boarding. 4 Event
par. 13(1)(b) Not providing a passenger that is affected by a denial of boarding the information on the compensation to which that a passenger may be entitled for the inconvenience. 4A Passenger
par. 13(1)(c) Not providing a passenger that is affected by a denial of boarding information on the standard of treatment that passenger is entitled to receive. 4A Passenger
par. 13(1)(d) Not providing a passenger that is affected by a denial of boarding information on the recourse available against the carrier, including their recourse to the Agency. 4A Passenger
subs. 13(2) Not communicating status updates to passengers, in the case of a delay, every 30 minutes until a new departure time for the flight is set or alternate travel arrangements have been made for the affected passengers. 4 Event
subs. 13(3) Not communicating to passengers, any new information as soon as feasible. 4 Event
subs. 13(4) Not providing the information referred to in subsection 13(1) of the Air Passenger Protection Regulations by means of audible announcements and upon request, by means of visible announcements. 4 Event
subs. 13(5) Not providing the information referred to in subsection 13(1) Air Passenger Protection Regulations using the available communication method that the passenger indicated that they prefer, including a method that is compatible with adaptive technologies intended to assist persons with disabilities. 4 Event
subs. 15(1) Denying boarding to a passenger without having asked all passengers if they are willing to give up their seat, IF the denial of boarding is within the carrier's control, including when the denial of boarding is required for safety purposes. 4 Event
subs. 15(2) Denying boarding to a passenger who is already on board the aircraft when the denial of boarding is not required for reasons of safety. 4A Passenger
subs. 15(3) Not providing a passenger, before the flight departs, with a written confirmation of the benefit that the carrier has offered, and that the passenger has accepted, in exchange for that passenger to willingly give up their seat in accordance with subsection 15(1) of the Air Passenger Protection Regulations. 4A Passenger
subs. 15(4) Selecting, for denied boarding, passengers without giving priority for boarding to passengers in the following order:
  1. an unaccompanied minor;
  2. a person with a disability and their support person, service animal, or emotional service animal, if any;
  3. a passenger who is travelling with family members; and
  4. a passenger who was previously denied boarding on the same ticket
4A Passenger
par. 16(1)(a) Not offering, free of the charge, a passenger who has been denied boarding hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport, IF the denial of boarding is within the carrier's control and the carrier expects that the passenger will be required to wait overnight for a flight reserved as part of alternate travel arrangements UNLESS providing that treatment would further delay the passenger. 4A Passenger
par. 16(1)(b) Not providing, free of charge, a passenger who has been denied boarding access to a means of communication before that  passenger boards the flight reserved as part of an alternate travel arrangement, IF the denial of boarding was within the carrier's control, including when the denial of boarding is required for safety purposes UNLESS providing that treatment would further delay the passenger. 4A Passenger
subs. 16(2) Not offering, free of the charge, a passenger who has been denied boarding hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport, IF the denial of boarding is within the carrier's control and the carrier expects that the passenger will be required to wait overnight for a flight reserved as part of alternate travel arrangements UNLESS providing that treatment would further delay the passenger. 4A Passenger
subpara. 17(1)(a)(i) [Large carrier] Not providing a passenger that has been denied boarding, alternate travel arrangements, free of charge, to ensure that passengers complete their itinerary as soon as feasible, by providing a confirmed reservation for the next available flight that 1) is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, 2) is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and 3) departs within nine hours of the departure time that is indicated on that original ticket,  IF the denial of boarding is within the carrier's control, including when the denial of boarding is required for safety purposes. 4A Passenger
subpara. 17(1)(a)(ii) [Large carrier] Not providing a passenger that has been denied boarding, alternate travel arrangements, free of charge, to ensure that passengers complete their itinerary as soon as feasible, by providing a confirmed reservation for a flight that 1) is operated by any carrier, 2) is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and 3) departs within 48 hours of the departure time that is indicated on that original ticket if the carrier cannot provide a confirmed reservation that complies with subparagraph 17(1)(a)(i),  IF the denial of boarding is within the carrier's control, including when the denial of boarding is required for safety purposes. 4A Passenger
subpara. 17(1)(a)(iii) [Large carrier] Not providing a passenger that has been denied boarding, alternate travel arrangements, free of charge, to ensure that passengers complete their itinerary as soon as feasible, by providing 1) transportation to another airport that is within a reasonable distance of the airport at which the passenger is located and 2) a confirmed reservation for a flight that is operated by any carrier and is travelling on any reasonable air route from that other airport to the destination that is indicated on the passenger’s original ticket, if the carrier cannot provide a confirmed reservation that complies with subparagraphs 17(1)(a)(i) or (ii), IF the denial of boarding is within the carrier's control, including when the denial of boarding is required for safety purposes. 4A Passenger
par. 17(1)(b) [Small carrier] Not providing a passenger that has been denied boarding, alternate travel arrangements, free of charge, to ensure that passengers complete their itinerary as soon as feasible, by providing a confirmed reservation for the next available flight that is operated by the original carrier or a carrier with which the original carrier has a commercial agreement  travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket, IF the denial of boarding is within the carrier's control, including when the denial of boarding is required for safety purposes. 4A Passenger
par. 17(2)(a) Not refunding the passenger ticket or not providing the passenger with a confirmed reservation for a flight to the point of origin indicated on the ticket that accommodates the passenger's travel needs, IF the alternate travel arrangements offered in accordance with subsection 17(1) do not accommodate the passenger's travel needs, the passenger is no longer at the point of origin that is indicated on the ticket, or the travel no longer serves a purpose because of the denial of boarding that is within carrier's control. 4A Passenger
par.17(2)(b) Not refunding the unused portion of the passenger's ticket IF 1) the passenger has been denied boarding and the denial of boarding is within the carrier's control, and 2) the alternate travel arrangements offered in accordance with subsection 17(1) do not accommodate the passenger's travel needs and; (3) the passenger is not entitled to the refund and confirmed reservation referred to in paragraph 17(2)(a). 4A Passenger
subs. 17(3) Not providing, to the extent possible, alternate travel arrangements referred to in subsection 17(1) of the Air Passenger protection regulations that provide services that are comparable to those of the original ticket. 4A Passenger
subs. 17(4) Not refunding the cost of any additional services purchased by a passenger in connection with their original ticket IF the passenger did not receive those services on the alternate flight or the passenger paid for those services a second time. 4A Passenger
subs. 17(5) Requesting supplementary payment for providing alternate travel arrangements that provide for a higher class of service than the original ticket. 4A Passenger
subs. 17(6) Not refunding the difference in the cost of the applicable portion of the ticket, IF the alternate travel arrangements provide for a lower class of service than the original ticket. 4A Passenger
subs. 17(7) Not refunding under section 17 of the Air Passenger Protection Regulations by the method used for the original payment or not refunding the person who purchased the ticket or additional service. 4A Passenger
subpara. 18(1)(a)(i) [Large carrier] Not providing alternate travel arrangements, free of charge, to ensure that a  passenger who has been denied boarding complete their itinerary as soon as feasible, by providing a confirmed reservation for the next available flight that 1) is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, 2) is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and 3) departs within 48 hours of the end of the event that caused the denial of boarding IF the denial of boarding is due to a situation outside of the carrier's control, (paragraph 10(3)(c) applies). 4A Passenger
subpara. 18(1)(a)(ii) [Large carrier] Not providing alternate travel arrangements , free of charge, to ensure that a  passenger who has been denied boarding complete their itinerary as soon as feasible, by providing a confirmed reservation for a flight that 1) is operated by any carrier and is travelling on any reasonable air route from the airport at which the passenger is located, or another airport that is within a reasonable distance of that airport, to the destination that is indicated on the passenger’s original ticket, and 2) if the new departure is from an airport other than the one at which the passenger is located, transportation to that other airport,  IF the carrier cannot provide a confirmed reservation that complies with subparagraph 18(1)(a)(i) and the denial of boarding is due to a situation outside of the carrier's control (paragraph 10(3)(c) applies). 4A Passenger
par.18(1)(b) [Small carrier] Not providing alternate travel arrangements , free of charge, to ensure that a  passenger who has been denied boarding complete their itinerary as soon as feasible, by providing a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, and is travelling on any reasonable air route from the same airport to the destination that is indicated on the passenger’s original ticket, IF the denial of boarding is due to a situation outside the carrier's control (paragraph 10(3)(c) applies). 4A Passenger
subs. 18(2) Not providing, to the extent possible, alternate travel arrangements that provide services that are comparable to those of the original ticket. 4A Passenger
subs. 18(3) Requesting supplementary payment for providing alternate travel arrangements that provide for a higher class of service than the original ticket. 4A Passenger
par. 20(1)(a) Not providing a passenger who has been denied boarding the minimum compensation of $900, IF 1) the denied boarding was within the carrier's control, but not required for safety purposes, and 2) the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by less than six hours. (paragraph 12(4)(d) applies to a carrier). 4A Passenger
par. 20(1)(b) Not providing a passenger who has been denied boarding the minimum compensation of $1,800, IF 1) the denied boarding is within the carrier's control, but not required for safety purposes and 2) the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours (paragraph 12(4)(d) applies to a carrier). 4A Passenger
par. 20(1)(c) Not providing a passenger who has been denied boarding the minimum compensation of $2,400, IF 1) the denied boarding was within the carrier's control, but not required for safety purposes and 2) the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more (paragraph 12(4)(d) applies to a carrier). 4A Passenger
subs. 20(2) Not providing the compensation referred to in subsection 20(1)of the Air Passenger Protection Regulations to the passenger as soon as it was operationally feasible or more than 48 hours after the time of the denial of boarding.  4A Passenger
subs. 20(4) Not providing a passenger who was not paid the compensation referred to in subsection 20(1) before the boarding time of the flight reserved as part of alternate travel arrangements, a written confirmation of the amount of the compensation owed to that passenger. 4A Passenger
subs. 20(5) Not adjusting the amount of compensation paid or confirmed in writing to the passenger in accordance with subsections 20(3) or (4) of the Air Passenger Protection Regulations, IF 1) the arrival of the passenger’s flight at the destination that is indicated on their original ticket is after the time it was expected to arrive when the compensation was paid or confirmed in writing and 2) the amount that was paid or confirmed no longer reflects the amount due in accordance with subsection 20(1) of the Air Passenger Protection Regulations. 4A Passenger
s. 21

Not providing compensation in the form of money, when required to, unless

  1. the carrier offers compensation in another form that has a greater monetary value than the minimum monetary value of the compensation that is required under these Regulations;
  2. the passenger has been informed in writing of the monetary value of the other form of compensation;
  3. the other form of compensation does not expire; and
  4. the passenger confirms in writing that they have been informed of their right to receive monetary compensation and have chosen the other form of compensation.
4A Passenger
subs. 23(1)

Not providing baggage compensation, IF 1) the carrier admits to the loss of baggage, or 2) the baggage is lost for more than 21 days or is damaged, that is equal to or greater than the sum of

  1. the fees paid for that baggage,
  2. in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and
  3. in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air set out in Schedule VI to that Act, if the carrier were conducting international carriage of baggage within the meaning of paragraph 1 of Article 1 of that Convention.
4A Passenger
subs. 23(2)

Not providing baggage compensation, IF baggage is lost for 21 days or less, that is equal to or greater than the sum of

  1. the fees paid for that baggage,
  2. in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and
  3. in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier for delay in the carriage of baggage in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air set out in Schedule VI to that Act, if the carrier were conducting international carriage of baggage within the meaning of paragraph 1 of Article 1 of that Convention.
4A Passenger
par. 24(1)(a)

Not establishing terms and conditions with regard to musical instruments that may be carried in the cabin or that must be checked that includes

  1. restrictions with respect to size and weight,
  2. restrictions with respect to quantity, and
  3. the use of stowage space in the cabin
4 Event
par. 24(1)(b) Not establishing terms and conditions with regard to fees for transporting musical instruments. 4 Event
par. 24(1)(c) Not establishing terms and conditions with regard to passenger options IF, because a flight will occur on a different aircraft than expected, there is insufficient stowage space in the cabin for the transportation of a musical instrument. 4 Event
subs. 24(2) Not accepting a musical instrument as checked or carry-on baggage where accepting the instrument is not contrary to general terms and conditions in the carrier’s tariff with respect to the weight or dimension of baggage or to safety. 4A Passenger
par. 28(1)(a) Not including in the advertisement the total price that must be paid to the advertiser to obtain the air service, expressed in Canadian dollars and, if it is also expressed in another currency, the name of that currency. 4 Event
par. 28(1)(b) Not including in the advertisement the point of origin and point of destination of the service and whether the service is one-way or roundtrip. 4 Event
par. 28(1)(c) Not including in the advertisement any limitation on the period during which the advertised price will be offered and any limitation on the period for which the service will be provided at that price. 4 Event
par. 28(1)(d) Not including in the advertisement the name and amount of each tax, fee or charge relating to the air service that is a third party charge. 2 Event
par. 28(1)(e) Not including in the advertisement each optional incidental service offered for which a fee or charge is payable and its total price or range of total prices. 2 Event
par. 28(1)(f) Not including in the advertisement any published tax, fee or charge that is not collected by the advertiser but must be paid at the point of origin or departure by the person to whom the service is provided. 2 Event
subs. 28(2) Not including all third party charges in an advertisement under the heading “Taxes, Fees and Charges” unless that information is only provided orally. 2 Event
subs. 28(3) Not including an air transportation charge in an advertisement under the heading “Air Transportation Charges” unless that information is only provided orally. 2 Event
s. 29 Providing information in an advertisement in a manner that could interfere with the ability of anyone to readily determine the total price that must be paid for an air service or for any optional incidental service. 2 Event
s. 30 Setting out an air transportation charge in an advertisement as if it were a third party charge or using the term tax in an advertisement to describe an air transportation charge. 2 Event
s. 31 Referring to a third party charge in an advertisement by a name other than the name under which it was established. 2 Event
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