Additional obligations of airlines

What are the different obligations that airlines have with respect to certain specific situations? While it is possible to file a complaint with the Canadian Transportation Agency, the regulations generally do not provide for direct compensation.

People with reduced mobility

These obligations aim to ensure fair access and dignity for all passengers, regardless of their particular needs. Airlines must comply with the requirements of the Canadian Human Rights Act and the Air Transportation Regulations.

Clear and accessible information regarding services for passengers with reduced mobility must be provided. This includes boarding and disembarking procedures, as well as the services available.

In particular, airlines must provide free assistance to passengers with special needs. This includes:

• Assistance in moving around the airport, including transfers between terminals or boarding gates.
• Assistance in getting on and off the plane, and support with mobility equipment.

In this sense, they must allow the free transport of mobility equipment, such as wheelchairs and scooters, and ensure that it is properly handled and stored during the flight.

In addition, aircraft must be equipped with dedicated seating for passengers with reduced mobility and, where possible, offer accessible lavatories.

Crew members should also be trained to provide appropriate assistance. It is therefore recommended that passengers who require assistance report it to the airline at least 48 hours before the flight.

Unaccompanied minor

The measures aim to ensure that unaccompanied minors travel safely and with the necessary support throughout their journey. However, some airlines have specific rules regarding the ages of unaccompanied minors, the associated fees and the services provided. It is therefore important to consult the specific policies of each airline before travelling.

First, parents or guardians should usually inform the airline in advance if a minor will be traveling alone.

Some companies require a prior reservation of the escort service. They must also fill out specific forms and provide emergency contact information. This usually includes details about who will pick up the minor at their destination. These forms are usually available directly from your airline’s website.

In addition, this service involves special supervision during the flight, as well as assistance during boarding and disembarking. Unaccompanied minors also receive special assistance at the airport. This often includes being escorted by airport staff to help them get to the gate, through security, and to the plane.

In the event of a delay or cancellation, companies must have procedures in place to manage the situation and ensure the safety and well-being of the minor until a solution is found.

In the majority of cases, unaccompanied minor policies concern children between the ages of 5 and 11. Minors under the age of 5 are prohibited from travelling without being accompanied by a parent or a person who is at least 16 years old.

Seat assignment for passengers under 14 years of age

Airlines must, as soon as possible and at no additional cost, take steps to assign children under the age of 14 a seat in close proximity to a parent or guardian. The distance will depend on the age of the child:

• If the child is under 5 years of age, the child’s seat must be next to that of the child’s parent or guardian
• if the child is between 5 and 11 years of age, the child’s seat must be in the same row as the child’s parent or guardian’s seat, but not separated by more than one seat;
• If the child is between 12 and 13 years of age, the child’s seat must not be more than one row away from the child’s or guardian’s seat.

Recourse

Passengers have the right to file a complaint if the services provided do not meet the requirements or if they encounter difficulties. However, a passage filing a complaint with the Canadian Transportation Agency could be referred to a body better placed to deal with the complaint.

For example, the Canadian Human Rights Commission receives complaints of discrimination and ensures that human rights are respected and protected by providing mediation remedies for victims. If the parties do not agree, the Commission may refer the complaint to the Canadian Human Rights Tribunal.

While the Commission does not deal directly with complaints about air services, it can be helpful if the situation involves a violation of human rights.

Finally, a consultation with a specialized lawyer can be very interesting in order to obtain an efficient and specialized management of your case.