Air Passengers' Bill of Rights

An Act respecting the rights of air passengers

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.


Jim Maloway  NDP

Introduced as a private member’s bill. (These don’t often become law.)


Introduced, as of June 15, 2010
(This bill did not become law.)


This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment places obligations on air carriers to provide compensation and other assistance to passengers in certain cases when a flight has been cancelled or delayed, when boarding has been denied, and when an aircraft has remained on the ground for a period of more than an hour at an airport. It also requires air carriers to disclose all relevant information to the public regarding the pricing of flights and to keep passengers informed regarding any misplaced baggage and any developments in respect of their flights that could have a significant impact on their travel plans.


All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Air Passengers' Bill of RightsPetitionsRoutine Proceedings

June 17th, 2010 / 10:45 a.m.
See context


Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I have two petitions today.

The first is signed by dozens of Canadians. It calls on Parliament to adopt Canada's first air passengers' bill of rights, new Bill C-541. Only in the last six months the Obama administration in the United States has moved ahead of Canada by penalizing airlines for $27,500 per passenger for tarmac delays over three hours and Ray LaHood recently charged Southwest Airlines $120,000 for overbooked flights.

The Canadian bill of rights would compensate passengers on all Canadian carriers anywhere they fly. It would provide compensation for overbooked flights, cancelled flights and long tarmac delays. It would deal with late and misplaced baggage, and would require all-inclusive pricing by airlines in all of their advertising.

Europe has had an air passengers' bill of rights for over five years now. Recently, a passenger recounted to me how much better treatment he received in Europe than in Canada with the same airline. The new rules have to be posted at the airline counter. The airlines must inform the passengers of their rights and the process to file for compensation. If the airlines follow the rules, it will cost them nothing.

The petitioners call on the government to pass Canada's air passengers' bill of rights, Bill C-541.

Air Passengers' Bill of RightsRoutine Proceedings

June 15th, 2010 / 10:10 a.m.
See context


Jim Maloway NDP Elmwood—Transcona, MB

moved for leave to introduce Bill C-541, An Act respecting the rights of air passengers.

Mr. Speaker, I am pleased to introduce Canada's first air passenger bill of rights. The bill relates to laws and regulations already in place in Europe and the United States. This is a newly amended version of Bill C-310 and continues to focus on compensation for overbooked flights, cancelled flights, unreasonable tarmac delays, delayed flights and many other provisions. It would also require all-inclusive pricing, that being the total cost of a trip, and airline advertising.

The new version incorporates amendments suggested by the other parties during the first bill's year-long journey through the debates and committee rooms of Parliament. It now includes the following; it clarifies the process by which the airlines can appeal to the Canadian Transportation Agency to decide whether delays are caused by decisions made by an airport authority or other agencies; and it reduces compensation from the first bill for tarmac delays from $500 to $100 per hour but only up to the ticket price, and for denied boarding and cancelled flights by 50%, to $250, $400 and $600, depending on the length of the flight, and only up to the price of the ticket.

I introduced my first air passengers' bill of rights to Parliament just months before the Obama administration began changing its regulations and fining airlines for what was considered unfair treatment of passengers involving tarmac delays. The American fines now add up to $27,500 per passenger for tarmac delays over three hours, with the money going to the government.

My bill has always been much more moderate in compensation, with the money going to the paying passengers who suffer the inconvenience. The bill is not meant to punish the airline industry but merely to correct bad behaviour. If the airlines follow the rules, they will not have to pay any compensation.

Air Canada and Air Transit are already operating under these kinds of laws for their flights to Europe. Today, Canadian passengers get better treatment when they fly to Europe than when they fly in Canada. Canadians want to know why they should not get first class treatment--