Air Passenger Protection Regulations

Know Your Rights

Air Passenger Protection Regulations2024-04-11T18:12:41-07:00

If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.

Air carriers also publish their tariffs on their websites. The tariff set out terms and conditions of carriage that apply to your travel. You may view these documents online or ask your carrier for a copy.

Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.

*Seair Seaplanes is a small carrier

For Additional Assistance and Information:

Passengers can contact Seair Seaplanes directly by emailing feedback@seairseaplanes.com for more information pertaining to APPR.

Please note the following definitions:

  • Situations within carrier’s control but required for safety purposes means required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements.
  • Situations outside carrier’s control include war or political instability; illegal acts or sabotage; meteorological (weather) conditions or natural disasters that make the safe operation of the aircraft impossible; instructions from air traffic control; a Notice to Airmen (as defined in the Canadian Aviation Regulations); a security threat; airport operation issues; a medical emergency; a collision with wildlife; a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider; a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority; and an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.
  • Situations within carrier’s control are events not covered by the two categories above (within carrier control but required for safety and outside carrier control). This includes commercial overbooking, scheduled maintenance of an aircraft that is necessary to comply with legal requirements or mechanical malfunction of the aircraft identified during scheduled maintenance.
  • Situations Outside Carrier’s Control
    Rebooking or Refund: In the event of a cancellation or a delay of more than 3 hours, the passenger will be booked onto the next available Seair Seaplanes flight. If the passenger cannot be rebooked or the new arrival time is 48 hours or more from what was previously scheduled, the passenger will have the option to accept the new itinerary or cancel the reservation and receive a refund for the unused portion of the ticket.
  • Situations Within Carrier’s Control but Required for Safety Purposes
    Rebooking or Refund: In the event of a cancellation or a delay of more than 3 hours, the passenger will be booked onto the next available Seair Seaplanes flight. If the alternate travel arrangements do not accommodate the passenger’s needs, Seair Seaplanes will refund the unused portion of the ticket.
  • Treatment: If the passenger is informed of the delay or cancellation less than 12 hours before departure time indicated on the original ticket and the passenger has waited for at least 2 hours, Seair Seaplanes will provide food and drink and a means of communication, when feasible. If required to stay overnight, Seair Seaplanes will also provide accommodation as well as transportation to and from the point of service, as required. Note some or all of these benefits may not be provided if providing them would further delay your travel.
  • Situations Within Carrier’s Control
    Rebooking or Refund: In the event of a cancellation or a delay of more than 3 hours, the passenger will be booked onto the next available Seair Seaplanes flight. If the alternate travel arrangements do not accommodate the passenger’s needs, Seair Seaplanes will refund the unused portion of the ticket.
  • Treatment: If the passenger is informed of the delay or cancellation less than 12 hours before departure time indicated on the original ticket and the passenger has waited for at least 2 hours, Seair Seaplanes will provide food and drink and a means of communication, when feasible. If required to stay overnight, Seair Seaplanes will also provide accommodation as well as transportation to and from the airport, as required. Note some or all of these benefits may not be provided if providing them would further delay your travel.
  • Compensation: For situations within carrier’s control, and where passengers are informed of the delay or cancellation less than 14 days before the departure time on the original ticket, passengers may be entitled to compensation as follows:
    • $0.00 CAD, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by 0 to 2 hours and 59 minutes,
    • $125.00 CAD, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours to 5 hours and 59 minutes,
    • $250.00 CAD, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours to 8 hours and 59 minutes,
    • $500.00 CAD, 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.

If the passenger is informed of the delay or cancellation less than 14 days before the departure time on the original ticket, and the passenger’s ticket was refunded, passengers may be eligible for compensation of $125 CAD.

Note passengers must file a request for compensation with the carrier within one year from the day on which the flight delay or cancellation occurred. If you wish to submit a request, please email feedback@seairseaplanes.com

A passenger who has been denied boarding, whether voluntarily or involuntarily, will be presented with the following options:

  1. The carrier will offer transportation on its next available flight; or,
  2. If the carrier is unable to provide transportation on its services acceptable to the passenger, the carrier will offer transportation on the services of another carrier with whom it has a commercial agreement under the following conditions:
    1. The passenger will be accommodated in the class of service and/or booking class applicable to their original transportation; or,
    2. If it will provide for an earlier arrival at the passenger’s next destination, the passenger will be transported in a higher class of service and/or booking class without additional cost to the passenger; or,
  3. The carrier will offer to refund any unused portion of the passenger’s ticket without penalty. The refund will be made to the purchaser of the ticket. The refund will be paid in the same form as the ticket was purchased. The refund will be based on the total value of the ticket.

In addition to providing transportation, the following will apply to a passenger who is involuntarily denied boarding:

  1. Conditions of Payment
    1. The passenger holding a confirmed and ticketed reservation must present him/herself for carriage at the appropriate time and place, having complied fully with the carrier’s requirements related to ticketing, check-in and reconfirmation procedures and having met all requirements for acceptance for transportation published in the carrier’s tariffs.
    2. The carrier on which the passenger held confirmed and ticketed reservations was unable to carry the passenger and the flight departed without the passenger.
  1. A Passenger Will not be Eligible for Compensation Under the Following Conditions:
    1. The passenger who checks-in after the carrier’s check-in deadline (40 minutes prior to scheduled departure time) or presents him/herself at the boarding area after the carrier’s boarding time deadline (30 minutes prior to scheduled departure time) will not receive denied boarding compensation and will have his/her reservations cancelled.
    2. When a flight on which the passenger holds confirmed and ticketed reservations is cancelled.
    3. When space on a flight has been requisitioned by a government or by medical authorities for emergency transportation.
    4. If, for safety reasons, the aircraft has been substituted with one having lesser capacity.
  1. Amount of Compensation for Involuntary Denied Boarding
    The carrier will provide compensation in the following amounts to passengers who are involuntary denied boarding:

    Arrival Delay Length Monetary Compensation (CAD)
    Less than 6 hours $900.00 CAD
    Over 6 hours but less than 9 $1,800.00 CAD
    9 hours or more $2,400.00 CAD
  1. Standards of Treatment:
    In addition, a passenger who is involuntarily denied boarding will be offered the following free of charge:

    1. A meal voucher, if the transportation acceptable to the passenger departs more than four (4) hours after the original departure time of the flight on which the passenger was denied boarding
    2. An overnight hotel stay and airport transfers, if the transportation acceptable to the passenger departs more than eight (8) hours after the original departure time of the flight on which the passenger was denied boarding and involves an overnight stay, provided the passenger’s travel did not start at that airport.
    3. A telephone call, email or fax message to the destination point of travel.
  1. Time of Offer of Compensation
    1. Once compensation has been offered, and if accepted, the passenger will sign an acknowledgment of offer on the day and at the place where the denied boarding occurred.
    2. In the event the alternate transportation departs before the acknowledgement of offer can be signed, the offer will be sent via mail or by other means within 24 hours after the time the denied boarding occurs. The passenger will, in turn, sign the acknowledgement and return it by mail to the carrier.

If passenger baggage has been lost, delayed or damaged, passengers must inform Seair Seaplanes at the service point to file a claim. For baggage that is delayed or potentially lost, passengers can submit a claim within 21 days of their arrival date.
For damaged baggage, passengers must submit a claim within 7 days of receiving their baggage. If passenger baggage was delayed, lost or damaged, Seair Seaplanes will refund any baggage fees applicable.

The liability of the carrier is limited to sum of 1131 SDR (approx $1,800 CAD) for each passenger in the case of destruction, loss, damage or delay of baggage, whether checked or unchecked.

  1. Weight, Size and Quantity Restrictions
    The weight and dimensions restrictions for luggage apply to musical instruments. Please see Maximum Luggage Dimensions on Seair Seaplanes luggage page for more info (hyperlink https://staging.seairseaplanes.com/schedules-fares/cargo-pets/) for more detailed information on baggage and luggage allowances specific to aircraft type.
  2. Cabin Storage Options
    At the aircraft, all bags including musical instruments, will be stowed in the cargo area, at the rear of the aircraft. For safety purposes, only very small items that will fit in the seat-back pocket may be carried with passengers into the cabin.
  3. Options in the Event of Aircraft Downgrading
    In the event passenger’s aircraft is downgraded to a smaller aircraft, Seair Seaplanes will take all reasonable efforts to accommodate instruments, however, there may be restrictions due to the size of aircraft. If the instrument does not travel with the traveller, it will be placed on the next available flight that can accommodate its size.
  4. Fees for Transporting Musical Instruments
    Passenger’s musical instrument will count towards their luggage weight allowance (based on purchased fare). If total luggage weight is in excess of the guaranteed allowance, all additional luggage (including musical instrument) weight will incur additional baggage weight fees as per the specific fare terms and conditions. Anything above the guaranteed luggage allowance travels on a space available, standby basis.

Seair Seaplanes will at no extra cost, regardless of the fare purchased, allow customers traveling with children under the age of 14 to select a seat in advance of travel for children to be seated near their parent, guardian or tutor. This will be in accordance to:

  • Under the age of 5: in the seat adjacent to their parent, guardian, or tutor.
  • Aged 5-11: in the same row and separated by no more than one seat from their parent, guardian, or tutor.
  • Aged 12 or 13: separated by no more than a row from the parent, guardian, or tutor.