Eligibility assessment

The CRO will determine if an air travel complaint meets the eligibility criteria set out in the Canada Transportation Act (the Act). If a complaint is ineligible, it will not move forward in the complaint resolution process, and the CTA will close the case.

Eligibility criteria were put in place to ensure that passengers only bring forward issues under the CTA’s mandate and responsibility.

Complaints assessed as ineligible

If your complaint is assessed ineligible, you might be able to file a new one. Ensure the new complaint meets the eligibility criteria by taking the necessary steps. Provide extra information by submitting a new complaint.

The following are examples of reasons why a complaint did not meet the eligibility criteria and how they can be addressed:

• If a passenger has not clearly stated in their complaint to the CTA what type of outcome they are looking for, such as a refund, reimbursement of expenses or compensation. They may file a new complaint and provide this missing information.
• If a passenger has not made a written request to the airline first to try to resolve the dispute, and if the dispute remains unresolved after 30 days, the passenger may be able to take this missing step and then file a new complaint with the CTA.

We encourage passengers to carefully read the eligibility assessment letter issued by the CRO. This will explain why the complaint is ineligible.

Final decisions and orders

If an air travel complaint meets the eligibility criteria set out in the Act, a CRO will:

• analyze and evaluate the positions and evidence provided by both parties, including the airline’s answer and the passenger’s reply (if submitted)
• issue a final decision and order 

Decisions may have more than one order if, in the complaints, the passenger has:

• multiple issues, such as a flight delay and lost baggage
• multiple outcomes were requested, such as compensation for inconvenience, refund and reimbursement of expenses

These decisions and orders are binding on the parties. If a CRO makes an order against an airline in a final decision, the airline must comply with the order within the specified time.

Once the CRO has issued a final decision in a case:

• the passenger cannot file a new complaint about the same issues
• the CTA cannot provide further explanations about the final decision or order

Publishing of decisions and orders

The Air travel complaint decisions and orders table lists the decisions and orders issued by the CTA for eligible air travel complaints. This is required by section 85.14 of the Act. We update this table quarterly.

Decisions may have more than one order if the complaint includes:

• multiple issues, such as a flight delay and lost baggage
• multiple outcomes were requested, such as compensation for inconvenience, refund and reimbursement of expenses.

Confidentiality of information

Some key information about the Air travel complaint decisions and orders must be made public. The information published is:

• the flight number
• the flight date
• carrier control
• order statement, such as whether the CTA ordered the airline to refund, compensate for inconvenience or compensate for expenses

This is outlined in section 85.14 of the Act.

All other information about the decisions and orders is confidential. The decision must not be published unless all parties — the complainant (passenger) and the carrier (airline) — agree to disclose it.

This is outlined in subsection 85.09(1) of the Act.

Challenging a CRO’s decision

The CTA’s role in resolving air travel complaints between the airline and the passenger ends when a final decision has been made.

Either party may challenge a CRO’s decision by filing a judicial review application with the Federal Court of Canada. For more information, see their website: How to file an Application for Judicial Review.