Air Passenger Compensation

In recent years, the fear about the reliability of flights has risen sharply when it comes to buying a plane ticket for a trip. Indeed, it is not uncommon to see flights delayed for several hours, or even cancelled, which can undoubtedly greatly impact your stay or your return home.

If you are a passenger who is the victim of such a disruption, you may be eligible for compensation because of your rights under various air passenger protection laws.

Compensation in the event of a claim for delayed or cancelled flights

Among the main laws allowing a claim against an air carrier are:

• The Air Passenger Protection Regulations (Canadian Regulations, APPR);
• Regulation (EC) 261/2004 (European Regulation);
• The Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention of 28 May 1999).

The application of these laws will depend on the nature of the disturbance you experienced, as well as the data related to your flight.

Flight data

	Air Passenger Protection Regulations	Regulation (EC) 261/2004	Montreal Convention
Within Canada	Oui	Non	No, but possible through the Air Passenger Protection Regulations
Leaving Canada to Abroad	Oui	Yes, only if the airline is European	Yes, if the country of destination has ratified the Convention
From abroad to Canada	Oui	Yes, if the initial departure is within the European Union	Yes, if the country of departure has ratified the Convention
Within the European Union	Non	Oui	Yes, if it is an international flight, i.e. on the territory of two States Parties*

*If the point of departure and the point of end are in the same territory, but there is a connection abroad, the Convention will apply.

Application of Regulation (EC) 261/2004

Unlike Canadian regulations, the airline with which the reservation is made must also be considered. In fact, for the Canadian regulation, it is only necessary for the passenger to be in Canada, whether by correspondence, from or to a final destination, for it to apply. The European Regulation applies to all flights departing from a country that is part of the territory of the European Union, regardless of the airline operating the flight. For flights from a third country to European territory, the airline must be European.

Examples of application of the European regulation

The regulation applies to all flights operated by European airlines, if their initial departure or final destination is within the European Union.

However, for other airlines, there is limited application of the Regulation, only flights departing from the European Union are subject to the application of the Regulation. Here are some examples (assume that the following flights are operated by Air Canada):

• A flight from Montreal to Paris, with a stopover in Toronto: No
• A flight from Toronto to Rome, with a stopover in Paris: No*
• A flight from Madrid to Vancouver, with a stopover in Toronto: Yes
• A flight from Prague to Paris, with a stopover in London: Yes

*The settlement will apply to the second segment only if the two segments of the trip were made on different reservations.

Disruptions covered by the law

	Air Passenger Protection Regulations	Regulation (EC) 261/2004	Montreal Convention
Flight cancelled	Oui	Oui	Non
Flight delay	Oui	Oui	Oui
Denied boarding	Yes, only if there has been overbooking*	Oui	Non
Lost, damaged, delayed baggage	Yes, but refers to the Montreal Convention	Non	Oui

*Overbooking : When the number of seats that can be occupied is less than the number of passengers who have checked in.

Complaint deadlines

If you wish to obtain compensation for a disruption during your flight, it is essential to submit a claim to your airline as soon as you become aware of it.

Indeed, if you fail to comply with the deadlines, you will irrevocably lose your right of action.

	Air Passenger Protection Regulations	Regulation (EC) 261/2004	Montreal Convention
Cancelled or delayed flight	Before the first anniversary of the flight delay or cancellation The carrier has 30 days to respond	Varies according to the national legislation of the country concerned	Except for damage suffered as a result of the flight delay and you have 2 years from the date of the flight
Denied boarding	Before the first anniversary of denied boarding The carrier has 30 days to respond The Regulations require the carrier to pay compensation within 48 hours of being denied boarding	Varies according to the national legislation of the country concerned	Not applicable
Lost, Damaged or Delayed Baggage	Implementation of the Montreal Convention	Not applicable	7 days from receipt of the damaged baggage 7 days from the time the airline admits the loss of the baggage* 21 days from the date of the flight as a result of a delay

*On the^21st day, the baggage is presumed lost. In this sense, the 7-day period will start on this date if you have not received any information beforehand from your airline.

Note: Sometimes more than one plan may apply. In these cases, it is advisable to opt for the law that can grant you more advantageous compensation. However, it remains at the discretion of the airline to refuse to compensate under a regime that is less favourable to it if it wishes to do so.

Complaints Procedure for cancelled flights

1. Claim for compensation from the airline

The first step is to contact the airline. The latter will analyze your claim for compensation and, subsequently, make a decision either in your favor or against you.

2. Filing a complaint with the Canadian Transportation Agency (hereinafter “the CTA”)

If compensation is denied or if you don’t respond within 30 days of your filing, you can file a complaint with the CTA.

You will be able to fill out an online form and the CTA will send you a “Notice of Initiation of Process” in the alternative.

It is important to note that you have 2 years from the date of your flight to present this complaint to the CTA.

3. Airline Response

The airline will have 14 calendar days to review your complaint and provide a response.

Thereafter, you will have 4 calendar days to reply or indicate your intention to try to resolve it through mediation, and only if your complaint meets the eligibility criteria.

4. Eligibility requirements

A CTA officer will consider whether:

• The complaint relates to a disruption involving the CTA, i.e., those mentioned above;
• The complaint concerns you, you have been the victim of the disturbance personally;
• You have previously contacted the airline;
• The complaint is not in bad faith.

5. Informal Resolution

Once your complaint has been admitted, you can go through informal resolution, which is mediation where all the information and documents concerning the airline ticket will be made available to you, in order to reach an agreement.

6. Formal Rules

If the process fails, there will be a formal settlement, which is a quasi-judicial process. At this point, it will be possible to make your case to a CTA officer who, within 90 days of the Notice of Initiation being sent, will issue a decision.

If you have been the victim of a disruption on board a flight and you believe you are entitled to compensation, contact our team of lawyers without delay in order to obtain adequate follow-up throughout your claims process.

The use of small claims

In Quebec, it is possible for a passenger to obtain compensation for certain costs or losses incurred by filing a liability action in Small Claims Court. For example, it is possible to get reimbursed for reasonable expenses, such as accommodation, food, lost work days or vacations.

Although it is not possible to be represented by a lawyer in Small Claims Court, do not hesitate to contact us to obtain a turnkey preparation of your case.