Amendments to Air Passenger Protection Rules
Canada Gazette, Part I, Volume 158, Number 51: Regulations Amending the Air Passenger Protection Regulations
This is a proposed amendment to the Air Passenger Protection Regulations to clarify passenger entitlements for delays, cancellations and denial of boarding, require clearer communications and a formal claims process, and speed up refunds to within 15 days. It also sets minimum compensation and assistance standards, requires children under 14 to be seated next to their accompanying adult at booking, raises corporate administrative penalties to $250,000, and establishes different rebooking timelines for large and small carriers.
Summary
Summary#
This is a proposal to change the Air Passenger Protection Regulations published in the Canada Gazette on December 21, 2024. If adopted, the changes would clarify what passengers are entitled to when flights are delayed, cancelled, or when they are bumped; speed up refunds; require clearer communication and a formal claims process; and strengthen enforcement. This is a proposal (not law yet) and the public can comment within 75 days of publication.
What it does#
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Communications
- Requires carriers to confirm a passenger’s preferred electronic contact at check‑in and to send detailed disruption information by that method without delay.
- Requires updates at least every 30 minutes until a new departure, a rebooking, or a passenger-requested refund.
- Keeps short audible gate announcements but moves the details to electronic messages.
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Money, refunds and timelines
- Lets passengers choose a refund if a flight is cancelled, if they are bumped, or if a departure delay reaches 3 hours.
- Requires carriers to issue refunds within 15 days (down from 30 days currently).
- Offers refunds when a passenger cancels because the Government of Canada issues or upgrades a travel advisory (if cancelled before check‑in).
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Rebooking and assistance
- Requires assistance (food/drink, access to communication, overnight accommodation when needed) after a 2‑hour delay; assistance must be provided even in many “exceptional” cases (but limited to 72 hours where an exceptional circumstance applies).
- Sets different rebooking timelines for large vs. small carriers:
- Large carriers: must offer a carrier/partner flight departing within 9 hours or, failing that, any carrier flight within 48 hours from the same airport.
- Small carriers: first try within 48 hours on own/partner flights, otherwise offer any carrier flight within 72 hours from the same airport, and if not possible look to other nearby airports (transport between airports provided free).
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Compensation and exceptional circumstances
- Requires minimum cash compensation for delays, cancellations and bumping unless the disruption fits a narrow list of “exceptional circumstances” (for example severe weather, safety issues, certain technical defects, airspace/airport closures, labour disputes, security orders).
- Bumping payments must be paid automatically and quickly (with explanations and evidence required if a carrier denies compensation).
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Claims, paperwork and seating children
- Requires carriers to publish a clear claims process and to reply to written claims (including denials) within 30 days; denials must include a clear explanation and supporting evidence when based on an exceptional circumstance.
- Requires carriers to seat every child under 14 years next to their parent/guardian at no extra cost at the time of reservation (or to warn if that is not possible and assign seats if they become available).
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Enforcement
- Increases the maximum administrative monetary penalty for corporations from $25,000 to $250,000 for designated breaches.
Who's affected#
- Airline passengers in Canada — especially those who fly domestically or on itineraries that include Canada.
- Airlines operating in Canada:
- Both large and small carriers (the rules keep different timelines for small, often regional or northern, carriers).
- About 11 Canadian carriers in the analysis are classed as small businesses.
- Remote, northern and Indigenous communities that rely on small carriers (changes to rebooking and assistance are intended to help them).
- The Canadian Transportation Agency, which enforces the rules and expects fewer complaints if the changes reduce confusion.
- International carriers that operate to/from Canada may also need to comply when serving Canadian passengers.
It is not always clear how much of the carriers’ extra cost would be passed on to ticket prices. The regulatory analysis estimates an average added cost of $0.99 per passenger segment, but actual effects on fares could vary.
Why it matters#
- For travellers: you would generally get clearer messages on why a flight is disrupted, faster refunds (15 days), more predictable rebooking options, automatic bumping payments, and a right to have children under 14 sit beside their adult at booking. That can save time, reduce stress and make trip planning easier when things go wrong.
- For airlines: the changes increase obligations and estimated costs. The regulatory impact analysis projects present value costs to Canadian carriers of $512.4 million, benefits to passengers of $527.3 million, and a net present benefit of $14.9 million over 10 years. The annualized carrier cost is about $0.99 per passenger segment.
- For enforcement and complaints: sharper rules, a required claims process and clearer evidence rules aim to reduce the large number of unresolved complaints the Canadian Transportation Agency has handled (it has received over 150,000 air travel complaints since 2019).
- For public safety and fairness: the rules try to balance operational realities (especially for small, remote carriers) with stronger, clearer passenger rights and stronger penalties to encourage compliance.
If you want to comment, note this is still a proposal and the Canada Gazette notice sets a public comment period (see the Canada Gazette posting for how to submit comments).
Key topics
Source: Canada Gazette