Sample Tariff – Notice to readers
Sample Tariff — containing rules applicable to scheduled services for the transportation of passengers and their baggage between points in Canada and points inside and outside Canada
Purpose of the Sample Tariff
The Sample Tariff is a tool to assist air carriers in meeting their regulatory obligations, to simplify the language used in tariffs, to convey terms and conditions of carriage and to help readers find information.
Working tools for airlines
The Canada Transportation Act (CTA) and the Air Transportation Regulations (ATR) require air carriers offering domestic or international air services to have a tariff in place and to adhere to it.
A tariff sets out an individual air carrier’s fares, rates, charges and terms and conditions of carriage and constitutes the contract of carriage between the passenger and the carrier. Tariff provisions are enforceable by the Agency.
Carriers should ensure that their tariffs meet their operational needs and are in accordance with the legislation and regulations in place including the provisions of the CTA, the ATR, the Air Passenger Protection Regulations (APPR), the Accessible Transportation for Persons with Disabilities Regulations (ATPDR) as well as any applicable Agency decisions.
This Sample Tariff includes the obligations of carriers in respect of the APPR and ATPDR.
Read more information about related requirements on Airline tariffs – requirements.
Air Passenger Protection Regulations (APPR)
The APPR provide clear and consistent air passenger rights by imposing certain minimum requirements on carrier flights, including standards of treatment and, in some situations, compensation for passengers. The APPR, applies to flights to, from and within Canada, including connecting flights.
Pursuant to the CTA, the carrier's obligations under the provisions of the APPR are deemed to form part of the terms and conditions set out in the carrier's tariff, unless carriers provide more advantageous terms and conditions.
Accessible Transportation for Persons with Disabilities Regulations (ATPDR)
The ATPDR help to protect the fundamental right of persons with disabilities to accessible transportation services by providing a set of clear, consistent accessibility requirements for all types of federally-regulated transportation. These comprehensive new regulations build on two older regulations, six codes as well as best practices in Canada and around the world.
The ATPDR provide a set of clear, consistent, specific and legally binding accessibility requirements for many transportation service providers. The ATPDR apply to large carriers and terminals in modes of transport under federal jurisdiction.
Carriers should also note that nothing in the ATPDR, nor in this Sample Tariff, limits a carrier's duty to accommodate persons with disabilities under the Canadian Human Rights Act or any other Act of Parliament.
Air carriers are responsible for compliance with legislation and regulations. The Sample Tariff, including the explanations and information it provides, is for general guidance purposes only. Air carriers' obligations are set out in legislations and regulations, including the CTA, ATR, APPR, and ATPDR. Certain obligations may also arise as a result of human rights jurisprudence. The Agency is not responsible for any error, omission or discrepancy in its Sample Tariff. In case of differences between the Sample Tariff and the legislation, regulations and jurisprudence, the legislation, regulations and jurisprudence will prevail. If a carrier chooses to adopt the Sample Tariff as its own, in whole or in part, its tariff provisions can still be subject to Agency review. The Agency, upon investigating a complaint or on its own motion, could find a carrier’s tariff provision to be unreasonable and require a carrier to amend its tariff accordingly.
Carriers are also responsible for ensuring that their tariff meets accessibility requirements identified in the ATDPR.