Direction Respecting Tarmac Delays of Three Hours or Less: SOR/2019-110

Canada Gazette, Part II, Volume 153, Number 10

Registration

SOR/2019-110 April 26, 2019

CANADA TRANSPORTATION ACT

The Minister of Transport, pursuant to subsection 86.11(2) ^{footnote a} of the Canada Transportation Act ^{footnote b}, issues the annexed Direction Respecting Tarmac Delays of Three Hours or Less.

Ottawa, April 23, 2019

Marc Garneau
Minister of Transport

Direction Respecting Tarmac Delays of Three Hours or Less

Direction

1 The Canadian Transportation Agency must make a regulation respecting a carrier’s obligations towards passengers in the case of tarmac delays of three hours or less, including the obligation to provide timely information and assistance to passengers, as well as the minimum standards of treatment of passengers.

Precedence

2 When this Direction takes effect, it supersedes any direction issued or correspondence or other communications sent to the Canadian Transportation Agency by the Minister or the Minister’s representatives with respect to tarmac delays of three hours or less.

Coming into force

3 This Direction comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Direction.)

Executive summary

Issues

Ministerial regulations are required to issue a direction to the Agency in order to regulate tarmac delays under three hours.

Background

This ministerial regulation issues a direction to the Agency to create regulations respecting the standards of treatment for passengers during tarmac delays under three hours, regardless of whether the delays are within or outside the air carrier’s control. The purpose of this Direction is to ensure that Canada’s Air Passenger Protection Regulations (APPR) adhere to the intent and spirit of the Transportation Modernization Act, as passed by the Parliament of Canada. As per the Statutory Instruments Act, the direction must be drafted as a ministerial regulation.

Objective

The objective of this ministerial regulation is to issue a direction clarifying the legislative intent of the Transportation Modernization Act for the Agency to regulate tarmac delays under three hours.

Description

The ministerial regulation will issue a direction to the Agency to make regulations respecting a carrier’s obligations towards passengers in the case of tarmac delays of three hours or less. This includes the obligation to provide timely information and assistance to passengers, as well as the minimum standards of treatment of passengers.

Regulatory development

Modern treaty obligations and Indigenous engagement and consultation

There are no impacts on modern treaty obligations and Indigenous engagement and consultation identified for this Direction.

Instrument choice

Directions made under subsection 86.11(2) of the Canada Transportation Act are ministerial regulations for the purposes of the Statutory Instruments Act. The Statutory Instruments Act requires such regulations to be registered by the Privy Council Office before they come into force and published in the Canada Gazette.

To be a regulation for the purposes of the Statutory Instruments Act, a direction regulation must meet the definition of both “statutory instrument” and “regulation” in subsection 2(1) of the Statutory Instruments Act.

Regulatory analysis

Costs and benefits

There are no additional costs to industry for implementing this Direction.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this Direction, as there is no change in administrative burden to business.

Strategic environmental assessment

In accordance with The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this Direction.

Implementation, compliance and enforcement, and service standards

This Direction comes into force on the day on which it is registered. When this Direction takes effect, it supersedes any other direction, correspondence or other communications sent to the Agency by the Minister of Transport with respect to tarmac delays of three hours or less.

Contact

Greg Zawadzki
Director
National Air Services Policy
Transport Canada
330 Sparks Street
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N5
Telephone: 613‑993‑4361
Fax: 613‑991‑6445
Email: greg.zawadzki@tc.gc.ca