Consultations commence for air passenger protection in Canada

In a move to bolster air passenger protection, the Canadian Transportation Agency (CTA) has initiated consultations on proposed amendments to the Air Passenger Protection Regulations (APPR), inviting participation from the public.

The changes, introduced under the Budget Implementation Act, aimed to enhance the Canadian air passenger protection regime. To implement these changes, the CTA will be required to establish new regulations.

"The Canadian Transportation Agency welcomes the opportunity to improve the air passenger protection regime. We are committed to improving how air passengers complaints are processed and to provide better services to Canadians," said France Pégeot, chair and CEO of the CTA.

What are these changes?

Amendments included the elimination of the current three categories of flight disruptions used to determine passenger compensation. Airlines will now be obligated to provide compensation for passenger inconvenience during flight disruptions, except in cases of exceptional circumstances, which would need to be substantiated by the airlines themselves. The consultations focused on defining these exceptional circumstances.

Furthermore, the CTA proposed other regulatory changes to reflect lessons learned since the implementation of APPR in 2019. These changes encompassed assistance and communication requirements and a clear definition of passenger entitlements for all flight disruptions, as well as those specifically applying to exceptional circumstances.

Alongside these proposed regulatory changes, the Budget Implementation Act also introduced major improvements to the efficiency of the CTA's dispute resolution process. It additionally authorized the CTA to recover the costs of processing air passenger complaints from airlines, with a separate consultation process scheduled later in 2023.

How long is the consultation period?

The consultation period will span 30 days, beginning July 11 to August 10. Following this, the CTA will publish draft regulations in Canada Gazette Part I, offering another round of review and comments before finalization. Once approved by the CTA and Cabinet, the regulations will be published in Canada Gazette II.