New Developments and Implications of Canada’s Air Passenger Protection Regulations

To establish a high-level air passenger protection system, Canada’s Air Passenger Protection Regulations (APPR) set strict obligations for carriers with respect to clear communication, flights delays, flights cancellations, denied boarding and tarmac delays, etc. These regulations intend to ensure that air passengers can receive clear and consistent protection of their rights by establishing standards of passenger treatment, and minimum compensations that carriers should provide to the passengers. The elaboration of the categories of carrier obligations in the APPR reflects the legislative trend of strengthening the protection of passengers’ rights and interests. However, the provisions on claims for international flight delays are suspected of contradicting with the exclusive application of the Montreal Convention 1999. China’s legislation on the protection of air passengers’ rights and interests should draw critically on the experience of the APPR. On the one hand, it should avoid violating the Montreal Convention 1999 when imposing compensation liability on carriers in case of international flight delays. On the other hand, it can raise the level of air passenger protection by enhancing the carriers’ obligations to communicate, specifying the grounds for exemption, and clarifying the liability for compensations in case of domestic flight delays.