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Everything you can be compensated for under Canada's new air passenger regulations

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Ainsley Smith May 24, 2019 12:52 pm 381

Canadian air passengers who experience travel disruptions that are within an airline’s control, such as flight and tarmac delays, cancellations, and lost or damaged baggage will soon be compensated.

The federal government has announced it’s rolling out its passenger protection rights, which include stipulations that airlines must compensate passengers for failing to provide adequate service.

The new regulations will be launched in two phases, with some regulations coming into effect on July 15, while others will not be lawful until December 15.

The new regulations, which apply to all airlines flying to and from Canada, require carriers to provide a certain standard of treatment or compensation to passengers without the customer first complaining to the Canadian Transportation Agency.

“The Air Passenger Protection Regulations establish a clear, consistent set of minimum airline obligations towards passengers if, for example, their flight is delayed or cancelled, they’re bumped from an overbooked flight, they sit on a plane during a tarmac delay, or their bag is lost or damaged,” said Scott Streiner, chair and CEO of the Canadian Transportation Agency.

Now that the Canadian Transportation Agency (CTA) has finalized the Air Passenger Protection Regulations, this is everything Canadians will be compensated for.

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Beginning July 15, 2019, airlines will have to:

  • Communicate to passengers in a simple and clear way their rights and recourses and regular updates in the event of flight delays and cancellations.
  • Provide compensation of up to $2,400 for bumping a passenger for reasons within their control.
  • Ensure passengers receive standards of treatment during all tarmac delays and allow them to leave the airplane when it’s safe to do so if a tarmac delay lasts for over three hours and there’s no prospect of an imminent take-off.
  • Provide compensation for lost or damaged baggage of up to $2,100 and a refund of any baggage fees.
  • Set clear policies for transporting musical instruments.

Beginning December 15, 2019, airlines will have to:

  • Provide compensation of up to $1,000 for flight delays and cancellations within an airline’s control that are not safety-related.
  • Rebook or refund passengers when flights are delayed, including, in some cases, using a competing airline to get passengers to their destination.
  • Provide food, drink and accommodation when passengers’ flights are delayed.
  • Facilitate the seating of children under 14 years in close proximity to an accompanying adult, at no extra charge.

Here’s a more thorough breakdown.

Compensation for delay or cancellation

In the case of a large carrier:

  • $400: If the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours.
  • $700: If 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.
  • $1,000: If the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.

In the case of a small carrier:

  • $125: If the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours.
  • $250: If 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.
  • $500: If the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.

Compensation in case of refund

In the case of a delay, cancellation or denial of boarding that is within the carrier’s control, the carrier must provide a minimum compensation of the following:

  • $400: In the case of a large carrier
  • $125: In the case of a small carrier

In order to receive compensation, a passenger must file a request for compensation with the carrier before the first anniversary of the day on which the flight delay or flight cancellation occurred.

Then, the carrier must, within 30 days after the day on which it receives the request, provide the compensation or an explanation as to why compensation is not payable.

The carrier must also provide compensation to the passenger as soon as it is operationally feasible, but not later than 48 hours after the time of the denial of boarding.

© 2019 Buzz Connected Media Inc.