Decision No. 117-C-A-2022

[1] Taylor Hache purchased a one-way ticket to travel with WestJet from Terrace, British Columbia, to Vancouver, British Columbia, departing on November 5, 2020. On November 3, 2020, Mr. Hache was notified that his flight was cancelled and that he was rebooked to travel at 6:40 am the following day on November 6, 2020.

[2] Mr. Hache seeks compensation for inconvenience for the cancellation under the Air Passenger Protection Regulations^{Note 1} (APPR) in the amount of CAD 1,000.

[3] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether WestJet properly applied its tariff to the ticket Mr. Hache purchased. If the Agency finds that WestJet failed to properly apply its tariff, it can direct WestJet to take the corrective measures that the Agency considers appropriate or to pay compensation for any expense incurred by a person adversely affected by WestJet’s failure.

[4] Pleadings opened on July 14, 2022. WestJet was given until August 4, 2022, to file its answer and provide the applicable domestic tariff provisions. Although WestJet acknowledged receipt of the letter, it did not file an answer nor its tariff. However, documents filed by Mr. Hache, namely his ticket receipt, are evidence that WestJet was bound by a domestic tariff for this itinerary, that is the contract between an air carrier and its passengers, which is also referred to in WestJet’s response to the applicant’s APPR claim.

[5] Subsection 86.11(4) of the CTA states that the carrier’s obligations set out in the APPR form part of the tariff, insofar as the carrier’s tariff does not provide more advantageous terms and conditions of carriage than those obligations. Therefore, the applicable WestJet tariff for this itinerary included at a minimum its obligations under the APPR, which reflect a common denominator applicable to all air services operated to, from and within Canada, including connecting flights. For these reasons, the Agency will consider those obligations in this decision.

[6] The relevant provisions of the CTA and the APPR are set out in the Appendix.

[7] Mr. Hache states that there was no reason provided for the cancellation and that he believes it was a commercial decision in light of low demand during the COVID-19 pandemic. His original ticket and cancellation notification from WestJet indicate that he was originally scheduled to arrive in Vancouver at 8:59 pm on November 5, 2020, and that his revised arrival time was at 8:20 am on November 6, 2020.

[8] Additionally, Mr. Hache provided a copy of WestJet’s response to his APPR claim in which WestJet states that the flight was cancelled due to a schedule change and that he is not eligible for compensation.

[9] As WestJet did not file an answer to the application, the Agency accepts the applicant’s evidence as undisputed. In light of the uncontested claims of the applicant, the Agency finds that the cancellation of Mr. Hache’s flight was within WestJet’s control under subsection 12(3) of the APPR.

[10] Paragraph 19(1)(a)(iii) of the APPR provides that a passenger is entitled to compensation for inconvenience in the amount of CAD 1,000 when they are informed 14 days or less about a cancellation within the carrier’s control and are delayed to arrive at their destination by nine hours or more.

[11] In light of the above, the Agency finds that Mr. Hache is entitled to compensation for inconvenience in the amount of CAD 1,000.

Order

[12] Pursuant to section 67.1 of the CTA, the Agency orders WestJet to compensate Mr. Hache in the amount of CAD 1,000 as soon as possible and no later than November 15, 2022.
 

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Appendix to Decision 117-C-A-2022

Canada Transportation Act, SC 1996, c 10

67(3) The holder of a domestic licence shall not apply any fare, rate, charge or term or condition of carriage applicable to the domestic service it offers unless the fare, rate, charge, term or condition is set out in a tariff that has been published or displayed under subsection (1) and is in effect.

67.1 If, on complaint in writing to the Agency by any person, the Agency finds that, contrary to subsection 67(3), the holder of a domestic licence has applied a fare, rate, charge or term or condition of carriage applicable to the domestic service it offers that is not set out in its tariffs, the Agency may order the licensee to

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

(b) compensate any person adversely affected for any expenses they incurred as a result of the licensee’s failure to apply a fare, rate, charge or term or condition of carriage that was set out in its tariffs; and

(c) take any other appropriate corrective measures.

86.11(4) The carrier’s obligations established by a regulation made under subsection (1) are deemed to form part of the terms and conditions set out in the carrier’s tariffs in so far as the carrier’s tariffs do not provide more advantageous terms and conditions of carriage than those obligations.

Air Passenger Protection Regulations, SOR/2019-150

Obligations when within carrier's control

12(1) Subject to subsection 10(2), this section applies to a carrier when there is delay, cancellation or denial of boarding that is within the carrier's control but is not referred to in subsections 11(1) or (2).

…

Cancellation

(3) In the case of a cancellation, the carrier must

        (a) provide passengers with the information set out in section 13;

(b) if a passenger is informed of the cancellation less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14;

(c) provide alternate travel arrangements or a refund, in the manner set out in section 17; and

(d) if a passenger is informed 14 days or less before the original departure time that the arrival of their flight at the destination that is indicated on their ticket will be delayed, provide the minimum compensation for inconvenience in the manner set out in section 19.

Compensation for delay or cancellation

19(1) If paragraph 12(2)(d) or (3)(d) applies to a carrier, it must provide the following minimum compensation:

(a)   in the case of a large carrier,

…

(iii) $1,000, if the arrival of the passenger's flight at the destination that is indicated on the original ticket is delayed by nine hours or more; …

 

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