Changes Coming to Air Passenger Protection Regulations: Member Consultation

The Government of Canada has published draft changes to the Air Passenger Protection Regulations (APPR) in the Canada Gazette Part I, marking a significant overhaul of air passenger rights in Canada. These proposed regulations, published on December 21, 2024, are now open for public comment until March 6, 2025.

ACTA is currently undertaking a thorough review of these extensive regulatory changes to understand their impact on travel agencies and travel advisors. We recognize that these changes may impact travel agency and travel advisor operations and their clients.

As your industry association, we are actively preparing a comprehensive submission to the government. We will be consulting with our members to gather feedback and ensure the travel agency and travel advisor perspective is well represented in the final regulations.

Members are invited to email Avery Campbell, Director of Advocacy and Industry Relations, ([email protected]) with any questions, comments, or concerns about the proposed changes. The deadline to submit comments for consideration in our final submission is February 21, 2025.  

Key Proposed Changes:

• Airlines must pay compensation for all flight delays and cancellations unless they're caused by specific "exceptional circumstances" (like severe weather, security threats) - this changes the current three-category system of airline control/outside control.
• Airlines must seat children under 14 next to their parent/guardian at no extra cost, or notify passengers at time of booking if this isn't possible and work to arrange seating as soon as seats become available.
• Refunds must now be provided within 15 days instead of the current 30 days, bringing Canada more in line with US and EU practices.
• Airlines must provide food, drinks, and accommodation for delays over 2 hours - even during exceptional circumstances (though this is limited to 72 hours in exceptional cases).
• Maximum penalties for airlines violating these rules increase from $25,000 to $250,000 per violation.
• Passengers can request a refund if their flight is delayed by 3 hours or more (instead of waiting for the airline to offer rebooking first).
• When denying compensation claims, airlines must provide detailed explanations and evidence within 30 days, with the burden of proof now on the airline rather than the passenger.
• Passengers can get refunds if they cancel flights due to new government travel advisories warning against travel to their destination.
• Airlines must rebook passengers on competitors' flights if they can't provide a flight within 9 hours (for large airlines) or 48 hours (for small airlines) - with special provisions for northern and remote carriers.

2025-01-02 21:31:38