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ISSUE

Bill C-310

Regulation 261/2004

1.   

Denied Boarding

Makes no reference to need to present self. Otherwise much like EU regulation.

Presenting self under defined conditions is pre-requisite to application.

2.   

Passenger with Reduced Mobility

Picked up directly from EU regulation. Departure from normal Canadian passenger with a disability is somewhat surprising.

3.   

Application

To all Canadian air carriers.

To the operation of all air carriers that take place in Canada, therefore potentially broader in scope than EU regulation.

To pax departing an EU airport

To pax arriving at an EU airport if:

The carrier is a community carrier, and

No compensation and assistance was given in the third country

Regulation does not apply to pax travelling free or at a reduced rate not available to public

Does apply to frequent flyer program flights

4.   

Cancellation: Reimbursement Remedy

Choice of:

full reimbursement for segments not flown and parts flown if flight no longer serving any purpose together with earliest possible return to point of departure, where relevant;

OR

Re-routing at earliest opportunity;

OR

Re-routing at later date at pax's convenience (subject to seat availability).

If carrier fails to comply with above, must still make reimbursement and pay $1,000 to each affected pax.

If re-routing is to alternate airport, carrier must pay for ground transportation to original airport or agreed alternate destination.

Virtually identical to Bill C-310.

NOTE: A basic difference between the two is the sanction regime. Bill C-310 defines sanctions for non-compliance in each individual instance. The EU regulation assigns the issue of sanction to individual Member States.

5.   

Cancellation: Assistance

Meals and refreshments in reasonable relation to the waiting time;

Two telephone calls, telex or fax messages or e-mails;

Where re-routing requires overnight, hotel and transportation between airport and hotel.

Virtually identical to Bill C-310

6.   

Cancellation: Financial compensation

$500 if flight would have been 1,500 kilometres or less;

$800 if flight would have been between 1,500 and 3,500 kilometres;

$1,200 if flight would have been more than 3,500 kilometres.

BUT, this requirement does not apply if:

Pax informed at least 2 weeks before scheduled departure, and

Pax has accepted offered re-routing, (Note that pax acceptance is not a requirement of the EU regulation) or

Carrier can prove cancellation caused by extraordinary circumstances (including weather), but carrier must prove could not have avoided by reasonable measures.

AND when pax informed of cancellation must include information re alternatives and details of any extraordinary circumstances.

First part is very similar to Bill C-310. Compensation amounts set at EUR 250, 400 and 600 respectively.

The EU regulation gives the carrier greater scope for avoiding payment by offering re-routing. Article 5 allows carrier to avoid paying compensation entirely if certain defined re-routing options are offered. If the carrier cannot meet those requirements it may still be able to reduce compensation by 50% by offering re-routing in accordance with Article 7.

Pax must be informed of alternatives, but there is no need to give details of extraordinary circumstances when the carrier relies on such circumstances to avoid payment obligation.

7.   

Delay:  Assistance

Where delay is expected to be more than 2 hours:

Meals and refreshments in reasonable relation to the waiting time;

Two telephone calls, telex or fax messages or e-mails;

Where delay will require overnight, hotel and transportation to hotel;

If delay is 5 hours or more, reimbursement choices are as in case of cancellation. (See Row 4, above.)

The EU regulation defines the delay which triggers rights by reference to flight time. For the shortest flights (1,500 kilometres or less) it is 2 hours. For intermediate flights (1,500 to 3,500 kilometres), 3 hours and for the longest flights (over 3,500 kilometres), 4 hours.

Otherwise, the assistance to be provided is the same as that specified in Bill C-310.

8.   

Denied Boarding

Mandatory call for volunteers.

Any pax who is bumped is entitled to financial compensation as in case of cancellation. (See Row 6, above.)

Failure to mention right to reimbursement may have been an error.

Mandatory call for volunteers.

As per Bill C-310, but the EU regulation gives a broader remedy. It extends beyond compensation to rights of reimbursement, re-routing, and assistance.

9.   

Tarmac Rights

After one hour ground delay, carrier must:

Ensure fresh air and lights;

Have available waste removal service;

Ensure adequate food, drinking water and other refreshments; and

Provide opportunity to disembark if it is possible to do so without causing undue risk to health or safety or safe operation of aircraft.

Carrier to pay $500 to every affected pax for each hour one or more of these obligations not met.

Not dealt with in this Regulation.

10.     

Information Rights

Advertisement shall:

Include in advertised price all costs to the carrier of providing the service, and

Specify all fees, charges and taxes.

Penalty for non-compliance would be an administrative monetary penalty (AMP) of $10,000 per day.

Not dealt with in this Regulation.

11.     

Duty to provide flight information

Carrier to make every reasonable effort to provide information which could have a significant impact on the travel plans of a pax within one hour of acquiring the information.

Failure to comply results in requirement to pay $500 compensation.

Not dealt with in this Regulation.

12.     

Baggage

The same information rule would apply to tracing of misplaced baggage.

Not dealt with in this Regulation.

13.     

Announcements in airports

Announcement respecting cancellations, delays and diversions to be made within 10 minutes of time carrier becomes aware.

Failure to comply results in AMP of $1,000.

Not dealt with in this Regulation.

14.     

Inform pax of rights

Notice of pax rights to be displayed at check-in point.

Failure to comply results in AMP of $1,000.

Similar to Bill C-310, but no reference to baggage cases.

15.     

Written notice

Air carrier to provide pax affected with rules for compensation and assistance, contact details for the CTA, and claim form.

Failure to comply results in requirement to pay $200 compensation.

The information re pax rights to be provided to visually impaired in alternate format.

Similar to Bill C-310.

16.     

Role of the Canadian Transportation Agency

The parts of the Canada Transportation Act which define the administrative monetary penalty regime would apply to the provisions of the Bill which impose AMPs (see rows 10, 13 and 14, above) and the CTA would be responsible for enforcement.

Not relevant to this Regulation.

17.     

Payment of compensation

All amounts to be paid would be payable within 7 days, by cash, electronic bank transfer, bank order or bank cheque. With the signed agreement of the pax, carrier may meet its obligations with travel vouchers or other services.

No provision re time of payment, but mechanics are the same. Also requires signed agreement of pax if travel vouchers are to be used.

18.     

Annual adjustment

All compensation payable would be adjusted each year by reference to the Consumer Price Index.

Not dealt with in this Regulation.

19.     

Particular attention to certain pax

Unaccompanied children and passengers with reduced mobility entitled to particular attention.

Failure to comply would result in requirement to pay compensation of $500.

Similar provision found in EU Regulation.

20.     

Further compensation

Not dealt with in this Bill.

Regulation applies without prejudice to pax rights to further compensation.

21.     

Rights of redress

Not dealt with in this Bill.

Nothing prohibits carrier from seeking compensation from third parties in accordance with applicable law.

22.     

Upgrading and down grading

Not dealt with in this Bill.

If carrier places pax in higher class service, no supplementary payment may be requested. If in lower class, must make partial reimbursement. The proportion reimbursed increases as flight length increases, going from 30% to 75% for the longest flights.

23.     

Exclusion of waiver

Not dealt with in this Bill.

Carriers may not limit or waive obligations by contract.

24.     

Infringement

Dealt with by specified AMPs and defined compensation, as stated in summary above.

Each Member State to designate a body responsible for enforcement and shall lay down sanctions which shall be effective, proportionate and dissuasive.