Canadian Passenger Rights & Tariffs

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.