On December 28, 2019, limits of liability of the Montreal Convention increased. Based on this rise, air passengers who travel internationally will now have the right to compensation for damages for lost or damaged baggage of up to 1,288 Special Drawing Rights (the International Monetary Fund’s unit of accounting) or approximately CAN $2,300.
The Canadian Transportation Agency (CTA) is an independent, quasi-judicial tribunal and regulator that has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court.
Airline international obligations for lost, damaged or delayed baggage are set out in the Montreal Convention
The Montreal Convention is a treaty that has the force of law for most international carriage to and from Canada.
As the CTA’s Air Passenger Protection Regulations(APPR) apply the same baggage rules and liability limits as those set out in the Montreal Convention, all airlines offering domestic services are required to update their liability limits in their tariffs to up to $2,300.
The APPR stipulates airlines’ obligations on communication, denied boarding, tarmac delays, lost or damaged baggage, the transportation of musical instruments, flight disruptions and the seating of children.
The regulations provide for clearer and more consistent air passenger rights by imposing certain minimum airline requirements in air travel – including standards of treatment and, in some situations, compensation for passengers.
The CTA has three core mandates:
- Helping to keep the national transportation system running efficiently and smoothly.
- Protecting the fundamental right of persons with disabilities to accessible transportation services.
- providing consumer protection for air passengers.
To help advance these mandates, the CTA makes and enforces ground rules that establish the rights and responsibilities of transportation service providers and users and level the playing field among competitors.
The CTA also resolves disputes using a range of tools from facilitation and mediation to arbitration and adjudication and ensures that transportation providers and users are aware of their rights and responsibilities and how the CTA can help them.