Bill C-327: An Act to amend the Canada Transportation Act (air passenger protection)

Short Title Short title 1 This Act may be cited as the Strengthening Air Passenger Protection Act . 1996, c. 10 Canada Transportation Act 2 (1) Subsection 55(1) of the Canada Transportation Act is amended by adding the following in alphabetical order: denial of boarding  means the refusal to carry a passenger on a flight on which they hold a confirmed reservation — or on which they held a confirmed reservation before their itinerary was amended by the carrier without their consent — for a reason other than a failure by the passenger to (a) present valid travel documentation; (b) present themselves at the airport at the required time for check-in; or (c) comply with health, safety or security requirements; ( refus d’embarquement ) flight cancellation  means the failure to operate a flight that was scheduled and on which at least one passenger held a confirmed reservation; ( annulation de vol ) (2) Section 55 of the Act is amended by adding the following after subsection (1): Confirmed reservation (1.1) For the purposes of this Part, a passenger holds a confirmed reservation on a flight if the passenger has been issued a ticket or other document that indicates that the carrier has accepted and registered the reservation. 3 The Act is amended by adding the following after section 85.1: Burden of proof 85. 2 For greater certainty, the burden is on the carrier to establish, on a balance of probabilities, the cause of a flight delay, flight cancellation or denial of boarding. 4 (1) Subparagraphs 86.11(1)(b)(i) to (iv) of the Act are replaced by the following: (i) the carrier’s obligation to pay minimum monetary compensation for inconvenience when the flight delay, flight cancellation or denial of boarding was not caused by extraordinary circumstances, and the amount of that compensation, (ii) the carrier’s obligation to automatically pay the minimum monetary compensation referred to in subparagraph (i) to each passenger affected by the flight delay, flight cancellation or denial of boarding as soon as feasible after its occurrence, without a request for compensation necessarily having been made by the passenger, ( iii ) the minimum standards of treatment of passengers that the carrier is required to meet, regardless of the cause of the flight delay, flight cancellation or denial of boarding, (iv) the carrier’s obligation to provide timely information and assistance to passengers, regardless of the cause of the flight delay, flight cancellation or denial of boarding , and (v) the carrier’s obligation to provide a passenger who chooses not to travel with a refund — using the method used for the original payment — for the cost of all unused services purchased in connection with the flight, regardless of the cause of the flight delay, flight cancellation or denial of boarding; (2) Paragraph 86.11(1)(c) of the Act is replaced by the following: (c) prescribing the minimum compensation for lost, delayed or damaged baggage that the carrier is required to pay; (3) Section 86.11 of the Act is amended by adding the following after subsection (1): Extraordinary circumstances (1.1) For the purposes of subparagraph (1)(b)(i), extraordinary circumstances means circumstances that were not inherent to normal operations, were beyond the carrier’s control, could not have been avoided even if the carrier had taken all reasonable measures, and were not attributable, in whole or in part, directly or indirectly, to any of the following: (a) acts or omissions of the carrier, its agents or servants, or any third party with whom the carrier has a contractual relationship; (b) flight crew or staff shortages; (c) any situation that was known or should have been known to the carrier at the time the ticket was sold to the passenger; or (d) aircraft maintenance or safety issues, other than those caused by acts of sabotage or terrorism or a manufacturing defect in an aircraft identified by the aircraft’s manufacturer or a competent authority. 5 Paragraphs 174(a) and (b) of the Act are replaced by the following: (a) in the case of an individual, to a fine not exceeding $50,000 ; and (b) in the case of a corporation, to a fine not exceeding $250,000 . 6 Section 176 of the Act is replaced by the following: Time limit for commencement of proceedings 176 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted not later than three years after the day on which the subject-matter of the proceedings arose. 7 Paragraph 177(1)(b) of the Act is replaced by the following: (b) prescribe the minimum and maximum amount payable for each violation, but the maximum amount shall not exceed (i) $50,000 , in the case of an individual, and (ii) $250,000 , in the case of a corporation. 8 Section 181 of the Act is replaced by the following: Time limit for commencement of proceedings 181 Proceedings in respect of a violation may be instituted not later than three years after the day on which the subject-matter of the proceedings arose.