Canada Transportation Act (S.C. 1996, c. 10)

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).

85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers.

Marginal note:Period to communicate decision

(2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request.

85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12.

Marginal note:Limits on powers and duties

(2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency.

Marginal note:Clarification — proceedings

(3) Proceedings before a complaint resolution officer are not proceedings before the Agency.

85.04 (1) A person may file a complaint in writing with the Agency if

• (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs;

• (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage;

• (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and

• (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made.

Marginal note:Refusal to deal with complaint

(2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that

• (a) the criteria set out in subsection (1) have not been met;

• (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or

• (c) the complaint is vexatious or made in bad faith.

85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed.

Marginal note:Filing of mediation agreement

(2) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier,

• (a) make an order under subsection 85.07(1); or

• (b) make an order dismissing the complaint.

Marginal note:Status of order

(2) An order referred to in subsection (1) is not an order or decision of the Agency.

85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to

• (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and

• (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs.

Marginal note:Onus

(2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.

Marginal note:Filing of order and enforcement

(3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it.

Marginal note:Communication of information

(2) Subsection (1) does not apply so as to prohibit

• (a) the communication of information to the Agency;

• (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or

• (c) the making public by the Agency of information under sections 85.14 and 85.15.

85.12 (1) The Agency may issue guidelines

• (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and

• (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints.

Marginal note:Guidelines binding

(2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1).

Marginal note:Publication

(3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate.

Marginal note:Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to the guideline.

85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12.

Marginal note:Clarification – panels

(2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel.

85.14 (1) The Agency shall make public

• (a) in the case of an order made by a single complaint resolution officer

  • (i) the number of the flight to which the order relates,

  • (ii) the date of departure of the flight that is indicated on the complainant’s ticket,

  • (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and

  • (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and

• (b) subject to subsection (2), in the case of an order made by a panel, the entire order.

Marginal note:Exception

(2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv).

85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12.

Marginal note:Carrier’s liability

(2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges.

Marginal note:Consultation

(3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter.

Marginal note:Publication

(4) The Agency shall publish the fees and charges on its Internet site.

Marginal note:Debt due to His Majesty

(5) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Marginal note:Spending authority

(6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year.

Marginal note:Service Fees Act

(7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1).