New Regulations (RPPA, SOR / 2019-150) come into force in Canada on December 15, 2019, addressed to all airlines that operate flights to or from Canada. This is to further protect air passengers, by introducing new compensation rights in the event of flight cancellation or delay.
The first part of Canadian law, which brings together the communication provisions, was officially applied on July 15, 2019. It was followed by the second part, which mainly deals with the amount of any compensation following cancellations, refusals to boarding or flight delays.
Airlines are subject to these new regulations for all their flights from or to Canada. It concerns cancellations, denied boarding, flight delays, and also deals with:
• The rights of passengers under the age of 14;
• Compensation for lost or damaged baggage;
• Transparency of ticket prices;
• Transport of musical instruments.
Air passengers have the right to be informed of their rights in the event of delay, cancellation or denied boarding, as well as in the event of loss or damage to luggage. Also, the airline company must inform passengers victims of flight status disturbances every half hour until the new departure time is confirmed and broadcast through a visible and audible announcement, as well as by e -mail or SMS.
Children under the age of 14 must be placed near the people accompanying them.
For the care, this remains compulsory with in particular refreshments, meals, the possibility of communicating for example via Wi-Fi … and the airline must also provide free accommodation and offer a shuttle between this place and the ‘airport. In the event of a delay of more than 3 hours, the airline company must provide a reservation to the passenger on the next available flight.
All passengers who decide to give up the flight can claim reimbursement of air tickets, while benefiting from compensation of 125 Canadian dollars or 400 Canadian dollars according to the amounts fixed by the Regulations.
The Regulations set the fixed compensation at:
|Arrival of the replacement flight after:||Amount of compensation
|Delay||Compensation – major airline||Compensation – small airline|
|Moins de 6 h||900 $C||3-6 h||400 $C||125 $C|
|6-9 h||1 800 $C||6-9 h||700 $C||250 $C|
|Plus de 9 h||2 400 $C||Plus de 9 h||1 000 $C||500 $C|
Travelers who are victims of disturbances such as cancellations, denied boarding or flight delays can claim compensation, according to law. The compensation period is one year from the date of departure, and the airline is required to respond to any complaints within 30 days.
Lost baggage and payment
The Regulations also deal with lost baggage. For example, an airline that loses the luggage of its travelers is liable to a fine of up to CAN $ 2,100 for domestic flights.
Canadian vs European legislation
European Regulation CE 261/2004 protects travelers with common rules that airlines must respect. European airlines or not, airlines must offer support, assistance and flat-rate compensation for any cancellation, denied boarding or flight delay, if all the conditions are met for this.
1st obligation: Taking charge
Passengers victims of waiting from 2 hours for flight delay, cancellation or denied boarding are offered:
• Refreshments, possibility to eat
• The possibility of making two free communications (telephone or electronic)
• Accommodation with transport in the event of an wait lasting one or more nights.
2nd obligation: Assistance: reimbursement or re-routing
The airline accepts requests for reimbursement from its passengers in the event of flight cancellations, denied boarding or delays of up to 5 hours. In this case, travelers agree to give up their flight so as to benefit from a reimbursement at the same purchase price of the plane ticket, within 7 days.
Travelers can accept the re-routing proposed by the airline, by deciding to continue the flight to arrive at the final destination under suitable conditions and times.
3rd obligation: Compensation
Compensation is an obligation set by European Regulation EC 261/2004 for any flight cancellation, denied boarding or delay of 3 hours or more.
The amount of compensation depends on the distance of the flight: € 250 (flight up to 1500km), € 400 (flight between 1500km and 3500km, also valid for intra-Community flights), € 600 (flight over 3500km) . This compensation can be reduced to 50% in certain cases.
Compensation is only eligible if it is a disruption not caused by extraordinary circumstances: weather conditions, airport closure, general strike, bird strike or any other exceptional event.
One compensation …
Canadian law favors disturbed passengers, but these passengers can only receive compensation once for a disrupted flight eligible for a claim under Canadian regulations as well as under European legislation.
These Canadian Regulations offer more comprehensive protection, with more common rules for airlines offering flights to or from Canada. According to this legislation, airlines are subject to a more stringent law regarding the transmission of information; in the event of a delay at the airport, passengers benefit from information every half hour regarding the status of the flight.
Also, the new modification makes it possible to claim compensation of up to $ 2,100 in the event of luggage lost through the fault of the airline.