Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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Although it is necessary that compensation be explicitly provided for by the law in order to be entitled to it, there is still a relevance in filing a complaint for other offences that do not give rise to this possibility.

What are the consequences of filing complaints with the Canadian Transportation Agency (hereinafter “CTA”) when your airline fails to comply with the law?

Types of Violations

The penalty imposed by the CTA for violating the law will differ depending on the severity of the law. Indeed, an action considered to be a breach of mere administration will not be subject to the same penalties as a breach that has a serious impact on fundamental rights or on the entire transport system.

In all cases, it is possible to take one of the following measures:

  • Issue a Notice of Violation with an administrative monetary penalty;
  • Issue a notice of violation containing a warning for contravention of accessibility provisions;
  • Issue a warning.

Administrative monetary penalty

In determining the exact amount of the penalty, the CTA considers aggravating and mitigating factors, the following are some examples from its website:

  • History of the regulated entity;
  • Severity of harm or impact on the affected market, industry or passengers;
  • Actions taken by the regulated entity to comply or evade the obligation;
  • Measures taken by the regulated entity to mitigate or nullify the effects of a violation;
  • The extent to which a regulated entity has taken corrective action to comply or avoid future non-compliance;
  • Level of cooperation of the regulated entity during the administrative investigation.

However, these factors are only a guiding principle. The CTA has the discretion to impose a fine of varying amounts depending on the circumstances, the objective being not to punish, but to encourage compliance.

On the one hand, fines can vary depending on the severity of the offence and the size of the company. The CTA can impose penalties of up to $25,000 per violation in the context of a corporation, including in relation to the various obligations imposed by the Air Passenger Protection Regulations.

An initial fine will be imposed on the airline on the first violation. However, each subsequent violation of the same provision during a period of 4 years will result in a doubling of the fine up to the amount provided for in the applicable provision. It is also counted as a separate violation for each of the days on which the violation continues.

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Example from a CTA decision

On September 28, 2023, the CTA issued two administrative monetary penalties to American Airlines for various violations related to flight delays and cancellations.

The airline had failed to provide information on compensation, passenger assistance, food and beverage in reasonable quantities, or hotel accommodations as required by the Air Passenger Protection Regulations.

In addition, 4 months later, American Airlines failed to provide passengers with the reasons for the delay using a means of communication through which the passenger had indicated a preference, i.e., compatible with adaptive technology for persons with disabilities.

For these two offences, the CTA imposes a fine of a total of $64,500, $51,000 and $13,500 respectively.

The decision is part of the CTA’s efforts to strengthen the protection of passenger rights, including by increasing penalties for violations of passenger protection rules

Higher penalties

On the other hand, some other violations may expose the airline to higher penalties. For example, the violation of a provision on the recognition and removal of obstacles to the mobility of persons with disabilities can amount to up to $250,000.

In this sense, it is necessary to file complaints with the CTA, even if no compensation is provided in your favour. Indeed, the more complaints there are, the more financial penalties will be imposed that may deter airlines from adopting such behaviour. In addition, when the CTA receives multiple complaints about the same flight, it increases the credibility and strength of a case.

We strongly encourage you to report these offences in order to allow the Air Passenger Protection Regulations or any other regulations to be fully effective.