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News Release

The Canadian Transportation Agency orders an air carrier to compensate a passenger

OTTAWA - June 28, 2001 - The Canadian Transportation Agency today ordered an air carrier, Canada 3000 in this instance, to reimburse a complainant removed from an aircraft as the carrier did not demonstrate that it had applied the terms and conditions of carriage set out in its domestic tariff.

The Agency, in its Decision No. 357-C-A-2001, states: "In this case, no evidence indicates that in pursuing a conversation about airline accidents, [the complainant's] conduct was a threat to the safety of the aircraft or was a cause of discomfort or was objectionable to other passengers or involved any hazard or risk to himself, to any other persons or property or to the charter flight within the meaning of Canada 3000's domestic tariff."

Consequently, the Agency orders Canada 3000 "to reimburse [the complainant] for the unused ticket, as well as an amount to cover the costs incurred for the extra taxi fares due to Canada 3000's wrongful removal and to provide a letter to [both the complainant and the Agency] confirming that he [the complainant] is not banned from travelling with the carrier."

This conclusion, however, in no way changes the Agency's position with respect to the rights given to air carriers to impose sanctions on unruly passengers, as long as carriers' tariffs clearly set out a system of graduated sanctions to be taken against unruly passengers with the sanctions imposed being consistent with the severity of the incident. These sanctions can include prohibitions from travel with that carrier for various periods of time up to and including a life-time ban.

The Canadian Transportation Agency is an independent administrative quasi-judicial tribunal whose procedures are governed by the rules of natural justice which ensure that all parties receive fair and equitable treatment.

For additional information:

Jadrino Huot
Communications Advisor
Canadian Transportation Agency
(819) 953-9957