Federal Court of Appeal upholds all but one rule on airline compensation

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Federal Court of Appeal upholds all but one rule on airline compensation

DECISIONS

Appeal, Air Passenger Protection Regulations – International Air Transport Association v. Canadian Transportation Agency, 2022 FCA 211

Challenge to validity of regulations adopted by the Canadian Transportation Agency to compensate air passengers for various delays, losses and inconveniences – appeal dismissed, except with respect of subsection 23(2) of the Regulations which imposes liability for temporary loss of baggage for “21 days or less” – subsection 23(2) held to be ultra vires of the Agency

CTA DECISIONS

  • Suspension – Private Stock Company “Ukraine International Airlines” c.o.b. Ukraine International Airlines and UIAOrder No. 2022-A-S-330

License no. 150068

  • Suspension – Private Stock Company “Ukraine International Airlines” c.o.b. Ukraine International Airlines and UIA Order No. 2022-A-S-329

License no. 200030

License no. 967274

License no. 140007 – license reinstated effective December 2, 2022

License no. 200054

License no. 190057

License no. 190018 – license reinstated effective December 5, 2022

License nos. 000058 and 000059

License no. 977078 – license reinstated effective December 7, 2022

License no. 030138

Application by A4A on behalf of its members for an exemption from the special declaration requirement of section 62 of the Accessible Transportation for Persons with Disabilities Regulations – exemption granted for a period of three years subject to conditions

License no. 190032 – suspension continued

Application by Swiss on behalf of itself and Edelweiss Air AG (Edelweiss) for an approval to permit Swiss to provide its scheduled international service between Canada and Switzerland using four aircraft with flight crew provided by Edelweiss, beginning on March 26, 2023, to October 28, 2023 – approval granted subject to conditions

Application by Sunwing on behalf of itself and TUI Airways Limited c.o.b. as TUI (Tui Airways) for an approval to permit Sunwing to provide its scheduled international service between Canada and each of the following countries: Cuba, the Dominican Republic, Jamaica and Mexico, using two aircraft with flight crew provided by TUI Airways, beginning on December 9, 2022, to April 23, 2023 – approval granted subject to conditions

Application by Sunwing and Smartwings for a modification of Determination A-2022-149 in order to add Granada as a country to which the applicants may operate a non scheduled international service using two aircraft with flight crew provided by Smartwings – modification granted

License nos. 090104 and 090105 – suspension continued

Application for license to operate a non scheduled international service in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States – license issued subject to conditions

Application for license to operate a non scheduled international service to transport traffic on a charter basis between Switzerland and Canada – license issued subject to conditions

Application for licence to operate a non scheduled international service to transport traffic on a charter basis between Malta and Canada – license issued subject to conditions

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