Compensations and Recourses

Air Passenger Protection Regulations

If you are denied boarding, your flight is canceled or delayed by at least 2 hours, or if your baggage is lost or damaged, you may be entitled under the Air Passenger Protection Regulations to certain standards of treatment and to a compensation.

For more information about your passenger rights or to find out if you are eligible, please contact your air carrier in writing at servicepassager@pascan.com or visit the Canadian Transportation Agency website and read the Air Passenger Protection Regulations. A full description of our terms and conditions (french only) is available in our domestic tariff.

Information on the Canadian Transportation Agency (CTA)

The Canadian Transportation Agency (CTA) serves as the authority for the settlement of disputes relating to certain matters relating to air transport. For more information or to register your complaint with the CTA, please consult the Canadian Transportation Agency.

Definitions of situations attributable to the carrier or beyond its control

Carrier-Attributable Situations: Situations that do not fit into the two categories below. They include the following cases: commercial overbooking; regular mandatory maintenance of an aircraft in accordance with legal requirements; mechanical failures raised during regular maintenance of the aircraft.

Situations attributable to the carrier, but necessary for safety reasons: Events usually unforeseen, but imposed by legal requirements to reduce the risk to passengers. This category includes mechanical problems with the aircraft, but not regular maintenance or mechanical problems raised during regular maintenance. Safety decisions made by the captain and those made in accordance with the airline's safety management system also fall into this category.

Situations beyond the carrier's control: war or political instability; an illegal act or an act of sabotage; weather conditions or a natural disaster that make the safe operation of the aircraft impossible; air traffic control instructions; notice to airmen within the meaning of the Canadian Aviation Regulations; a threat to security; problems related to the operation of the airport; a medical emergency; a collision with a wild animal; a labor dispute at the carrier, an essential service provider such as an airport or an air navigation service provider; a manufacturing defect in the aircraft, which reduces passenger safety, discovered by the aircraft manufacturer or by a competent authority; an instruction or order from any official of a state or law enforcement agency or an airport security official.

Irregularity of schedules

Generality

1. Schedules not guaranteed

The departure and arrival times, the duration of the journey as well as the type of aircraft indicated in the timetable or elsewhere are approximate, not guaranteed and in no way part of the contract. Schedules may be changed with notice. No employee, agent or representative of the carrier has authority to bind any statement or representation whatsoever as to the dates or times of departure or arrival or the operation of any flight, regardless of what it may be. It is always recommended that the passengers confirm the departure time and flight status by subscribing to the updates on their personal electronic device, by accessing the carrier's website or by viewing the display system screens of the airport.

2. Non-responsibility of the carrier

The carrier cannot be held responsible if the passenger misses connections that are not part of the itinerary indicated on the ticket. Carrier is not responsible for changes, errors and omissions, whether shown in timetables or other representations. The carrier does not guarantee the times of the flights which appear on the tickets of the passengers and cannot be held responsible for cancellations of flights or modifications of times in the event of force majeure, including labor disputes or strikes. Where applicable, the passenger may avail himself of the provisions set out in the APPR or the applicable agreement concerning liability in the event of delay.

3. Convincing effort

The carrier undertakes to do its best to transport the passenger and his luggage with reasonable diligence, but no particular time limit is set for the start or end of the transport. Subject to the foregoing, the carrier may, without notice, change carrier or aircraft and, if necessary, it may modify the route, add stopping points or omit stopping places appearing on the ticket.

Communication

The carrier has an obligation to keep passengers informed if a flight is disrupted. He is required to tell passengers as soon as possible why their flight has been disrupted. This information must be transmitted by:

• An announcement in audio format.
• An advertisement in visual format, if available.
• The communication method the passenger will have chosen from among those available to him (eg email, SMS).

The carrier will be required to provide flight status updates every 30 minutes until a new departure time has been confirmed. It should provide passengers with any new information on the status of the flight as soon as possible, even if less than 30 minutes have passed since the last update.

Passenger handling standards

The regulations set out minimum standards for handling passengers that airlines must meet in the event of their attributable departure delays, whether they are necessary for safety reasons. After a departure delay of 2 hours, the airline operating the disrupted flight must provide passengers with:

• Food and drink in reasonable quantity.
• Means of communication where it is possible to have one.

When a passenger has to wait for their flight until the next day, airlines must also provide free hotel or comparable accommodation, as well as free transportation to the place of accommodation.

Compensation

Airlines must compensate passengers for flight delays or cancellations that are attributable to them and that are not related to safety. Passengers are entitled to compensation which will be based on the length of the delay upon arrival at their destination.

For all types of flight delays or cancellations, the airline operating the flight must ensure that passengers reach their destination. When a flight is canceled, or after a 3-hour delay, an airline must offer them alternative travel arrangements in the same class of service and on a reasonable itinerary. The airline must re-route passengers on the next available flight operated by it or by an airline with which it has a commercial agreement.

In the event of disruptions other than those beyond the control of the carrier, a passenger will be entitled to a refund instead of re-routing in the following situations:

• the arrangements offered do not meet their travel needs.
• the trip no longer has its raison d'être because of the disruption.

Passengers who choose to be reimbursed for their ticket instead of being rerouted must still be compensated for the inconvenience suffered. The stipulated compensation is CAN $125.

If, due to a delay or cancellation attributable to 9736140 Canada Inc-Pascan, a passenger arrives at their destination with a delay of three hours or more, 9736140 Canada Inc-Pascan will grant compensation in accordance with the APPR. Only the operating carrier will provide compensation;
A passenger is not eligible for compensation for flight delay or cancellation under the APPR if:

1. the passenger arrived late at their destination for a reason beyond the control of 9736140 Canada Inc-Pascan or necessary for safety reasons, for example, if the passenger's flight was delayed or canceled due to weather conditions;
2. the passenger has already received denied boarding compensation for the same incident;
3. the passenger has been informed of the delay or cancellation at least 15 days before the scheduled time of departure;
4. the passenger has not submitted their claim for compensation under the APPR within one year of the delay or cancellation.

Tarmac delay obligations

• 8 (1) If a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the carrier must provide passengers with the following, free of charge:
  • a) if the aircraft is equipped with lavatories, access to those lavatories in working order;
  • b) proper ventilation and cooling or heating of the aircraft;
  • c) if it is feasible to communicate with people outside of the aircraft, the means to do so; and
  • c) food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport.

• Marginal note:Urgent medical assistance

  (2) If a passenger requires urgent medical assistance while the flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed, the carrier must facilitate access to that assistance.

• Marginal note: Passenger disembarkation

  9 (1) If a flight is delayed on the tarmac at an airport in Canada, the carrier must provide an opportunity for passengers to disembark

  • a) three hours after the aircraft doors have been closed for take-off; and
  • b) three hours after the flight has landed, or at any earlier time if it is feasible.

• Marginal note: Take-off imminent

  (2) However, a carrier is not required to provide an opportunity for passengers to disembark if it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and the carrier is able to continue to provide the standard of treatment referred to in section 8.

• Marginal note: Priority disembarkation

  (3) A carrier that allows passengers to disembark must, if it is feasible, give passengers with disabilities and their support person, service animal or emotional support animal, if any, the opportunity to disembark first.

• Marginal note: Exceptions

  (4) This section does not apply if providing an opportunity for passengers to disembark is not possible, including if it is not possible for reasons related to safety and security or to air traffic or customs control.

Claim

Your complaint must be received by Pascan Aviation before the first anniversary of the date of the flight disruption. We will respond to your complaint within a maximum of 30 days from the date of receipt of the complaint for flight disruption or delays.

Lost, delayed, or damaged baggage

We recommend that passengers carry valuables, medical effects, important documents, keys, and any cash with them in their carry-on baggage. We also suggest that personal effects are well packed and, if necessary, placed in a hard case.

Subject to the provisions of the Montreal Convention and the Warsaw Convention, where applicable, Pascan assumes no liability for perishable or liquid items, nor for valuables or items the loss of which may significant harm, including money, jewelry, computers, cameras, cell phones, prescription drugs or medical devices.

Limitation of Liability

Pascan makes every effort to ensure that baggage is handled with care. However, it should be noted that liability for baggage damage, late delivery or loss is limited in accordance with Pascan's General Conditions of Carriage, unless a higher value is declared in advance and a surcharge is paid.

The carrier is liable for damage caused when checked or unchecked baggage is destroyed, lost, damaged or delayed under the following provisions:

1. Except as provided below, Carrier's liability is limited to 1,288 Special Drawing Rights (approximately CDN$2,350) for each passenger whose checked or unchecked baggage is destroyed, lost, damaged, or delayed.
2. Unless the passenger proves otherwise, the passenger's unchecked baggage, including personal effects, will be deemed to belong to the passenger in whose possession it is at the time of boarding.
3. The passenger may make a special declaration that his baggage has a value in excess of the carrier's maximum liability. In this case, the passenger must make such declaration to the carrier at the time of check-in and, if requested by the carrier, the passenger must, in accordance with Pascan Aviation's Domestic Tariff Rule 55(F), Excess Value Declaration - Fee, pay an additional charge for excess liability insurance in the event of destruction, loss, damage, or delay of his/her checked baggage.
   Exception: The carrier is not liable for the amount declared by the passenger in his special declaration of interest in delivery if he can prove that this amount is greater than the passenger's actual interest in delivery.
4. In the case of unchecked baggage, the carrier is liable if the damage results from its fault or that of its servants or agents.
5. The carrier is liable for loss or damage caused by the destruction, loss, or damage of checked baggage only if the event which caused such loss or damage occurred on board the aircraft or during any period when the carrier was in charge of the checked baggage. However, the carrier is not liable if and to the extent that the damage results from the nature or inherent vice of the baggage. In addition, the carrier's liability for destroyed, lost, damaged, or delayed baggage is subject to the same provisions, limitations, and defenses as those set forth in the Montreal Convention in the context of international transportation.
6. Notwithstanding the normal liability of the carrier set forth in this rule, the limitation of liability will not apply to claims for lost, damaged, or delayed mobility aids when such items have been accepted as checked baggage or otherwise. If a mobility aid is lost or damaged, compensation will be based on the repair cost or replacement value of the mobility aid. See provisions (3) and (4) below.
7. Notwithstanding the carrier's normal liability set forth in this rule, the limitation of liability will not apply to claims where a service dog, another type of service animal, or emotional support animal sustains injury or dies. If the animal is injured or dies, compensation will be based on the cost of treating the animal or its replacement value. See provision (5) below.
8. The carrier reserves the right to invoke the limitations and other defenses in the context of international carriage which are provided for in the Montreal Convention and to defend itself by invoking, inter alia, Article 19 and the exemption provided for in Article 20. The limits of liability do not apply to the cases described in Article 22(5) of the Montreal Convention.

The limit of liability for lost, damaged, or delayed baggage is $2,350 CAD or 1,288 SDR (Special Drawing Rights) per passenger, unless a higher value is declared in advance and a supplement is paid. A baggage claim can only be made on behalf of one passenger.

The carrier's liability is limited to the declared value of the baggage except when the passenger :

• has declared that the value of the baggage exceeds CAD$2,350 per passenger, in respect of one or more passengers; and
• has paid an additional fee of CAD$2.00 (up to a maximum of CAD$50) for each CAD$100 or part thereof for this excess value.

All baggage or merchandise presented for carriage is subject to inspection by the carrier. Pieces of baggage or goods presented for carriage will not be carried :

• if they may present a danger to the aircraft, people, or property; or
• if they are likely to be damaged by air transport; or
• if they are not properly packed; or
• if their carriage would contravene Canadian laws, regulations, or ordinances.
• If baggage or goods, because of their weight, size, or nature, cannot be carried on board the aircraft, Pascan must, prior to the departure of the flight, refuse to carry all or part of the baggage or goods.

Damaged baggage

No action will be sustained for damaged baggage or part thereof unless notice of claim is submitted in writing to the carrier's main office within 7 days of the date of flight.

Pascan Aviation's maximum liability for lost, delayed or damaged baggage is now C$2,400 per person, per incident. Passengers may be entitled to this compensation in the event of baggage loss or damage not attributable to normal wear and tear.

All claims are subject to proof of the actual value of the damaged baggage or effects. Passengers must complete the "Damaged baggage report" form below.

If your baggage is damaged, you must:
At the airport: Inform an agent of Pascan. You will then be asked to complete the “damaged baggage report” form above.

After leaving the airport: You must submit the "damaged baggage report" form above.

We will handle any claim for damaged baggage in accordance with the Warsaw Convention, our domestic tariff, and the Air Passenger Protection Regulations.

The form must be completed no later than 7 days (after the date your luggage was delivered to you). Failure to do so will result in denial of compensation.

Delayed baggage

If checked baggage has not arrived at destination with passengers, notify a carrier representative upon arrival. Pascan has 5 working days to find the baggage and deliver it to the delivery address.

Valuables, important documents, and all medical effects must be placed in cabin baggage. Subject to the provisions of the Warsaw Convention, the company assumes no liability for perishable or liquid items, nor for valuables or items the loss of which may cause significant damage, including: money, jewelry, computer, camera, cell phone, and prescription drugs or medical devices.

No action will be taken for baggage or any part of baggage lost, or for any delay in its routing unless notice of claim is presented in writing to the main office of the carrier within 7 days of the date the baggage should have been delivered. To do this, the passenger must complete the form below.

Lost baggage

Baggage is considered lost if it is not found within 21 days of the date on which it should have been delivered. Failure to meet these requirements will result in denial of compensation.

Notwithstanding the foregoing paragraph, passengers and their baggage retain all other rights which may be conferred on them by the domestic tariff or otherwise, and any other legal rights which may be conferred on passengers under international conventions (e.g., Warsaw Convention, Montreal Convention) and the Air Passenger Protection Regulations.

Compensation

Compensation for lost, damaged or delayed baggage is 1,288DTS or 2,350$ CAD per passenger in most cases. You can benefit from a higher liability limit for lost, damaged or delayed baggage by making a special declaration of the value of your baggage at check-in, and by paying the supplement that may be required. Furthermore, if the value of your baggage exceeds the relevant liability limit, you should insure it in full prior to travel.

Due to operational, policy or other requirements, there are times when the number of seats available in an aircraft is less than the number of passengers reserved on the flight. This is therefore an overbooking of the flight.

Pascan undertakes to limit the inconvenience of overbooking by calling on volunteers who will give up their reservations voluntarily. If the number of volunteers is insufficient, other passengers may be involuntarily denied boarding.

If you are denied boarding for reasons attributable to the carrier (including for security reasons), Pascan will offer you free of charge:

• Food and drink in reasonable quantity.
• Access to means of communication.
• Accommodation as well as round-trip transport if the new flight is not until the next day.

Voluntary
In case of overbooking a flight, the airline will then ask if there are volunteers not to board the flight. Volunteer passengers will therefore voluntarily forfeit their reservation in exchange for payment of the airline’s choice.

If the number of volunteers is insufficient, other passengers may be involuntarily denied boarding, in accordance with boarding priorities established by the Carrier.

Involuntary
Amount of compensation related to passenger rights in the event of overbooking of a flight, in accordance with tariffs filed with the CTA and the Air Passenger Protection Regulations.

$ 900 if the flight arrival schedule at destination is delayed by less than six hours from the schedule indicated on the initial ticket.

$ 1,800 if the flight arrival time at destination is delayed by more than six hours, but less than nine hours, compared to the time indicated on the original ticket.

$ 2,400 if the arrival time of the flight at destination is delayed by more than nine hours from the time indicated on the initial ticket.

Reasons why compensation cannot be claimed

You are entitled to payment of one of the "Denial of Boarding Compensation" described above, unless:

• You have not fully completed the airline's ticketing, check-in or reconfirmation requirements or are not eligible for carriage under the airline's fares that have been filed with the Canadian Transportation Agency.
• A requisition of seats by a government has occurred or there has been a substitution of aircraft by aircraft of lesser capacity for operational or safety reasons.
• The number of seats available has been reduced for operational or security reasons.

Payment options for your compensation

Each passenger eligible for compensation will receive a check from Pascan for the amount specified above as soon as possible, but no later than 48 hours (working days) after denied boarding.

Pascan may offer travel credits of greater monetary value in lieu of a cash payment. The passenger can, however, demand payment in cash or refuse any compensation and take legal action if they wish.

Acceptance of compensation releases Pascan from any additional liability to the passenger due to his refusal to honor the confirmed reservation. However, the passenger can refuse payment and seek damages in court.

Fare rules related to denied boarding

The Carrier must give all passengers who are involuntarily denied boarding on a flight for which they hold a confirmed seat a copy of the following written declaration:

Compensation for denied boarding

If you have been denied access to a reserved seat on a flight from Pascan, you are likely entitled to monetary compensation. This notice explains the airline's obligations and passenger rights in the event of an overbooked flight, in accordance with tariffs filed with the CTA and the Air Passenger Protection Regulations.

Denied boarding related to travel documents

It is the passenger's responsibility to always have in their possession valid identity documents and travel documents if required. A passenger who cannot present the required documents may be refused boarding without compensation.