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Simplified Terms and Conditions

For flight delay, flight cancellation and denial of boarding

If you experience a flight delay, cancellation or denial of boarding the Air Passenger Protection Regulations afford the passenger certain rights these three events. They are further categorized as outside of Carrier control, within Carrier control but for safety or Within Carrier control.

In all cases the Carrier will communicate:

  • (a) the reason for the delay, cancellation or denial of boarding;
  • (b) the compensation to which the passenger may be entitled to for the inconvenience;
  • (c) the standard of treatment for passengers, if any; and
  • the recourse available against the carrier, including their recourse to the Canadian Transportation Agency.

Outside Carrier Control

If one of these events occurs, its impact is deemed outside of the carrier’s control:

  • (a) war or political instability;
  • (b) illegal acts or sabotage;
  • (c) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;
  • (d) instructions from air traffic control;
  • (e) a NOTAM, as defined in subsection 101.01(1) of the Canadian Aviation Regulations;
  • (f) a security threat;
  • (g) airport operation issues;
  • (h) a medical emergency;
  • (i) a collision with wildlife;
  • (j) a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider;
  • (k) 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
  • (l) an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.

The Carrier will (in addition to the communication requirements), if the delay is over 3 hours long, or the event is a cancellation or denied boarding, provide a confirmed reservation for the next available flight that is operated by the original carrier and is travelling on any reasonable air route from the same airport to the destination that is indicated on the passenger’s original ticket.

Within Carrier Control

If a flight delay, cancellation or denied boarding event occurs the is within the control of the Carrier or within the Control of the carrier for Safety, and occurs less than 12 hours before the departure time on the additional ticket, in addition to the communication requirements, the Carrier will provide passengers with the following treatment free of charge:

  • (a) food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and
  • (b) access to a means of communication (This requirement does not include the obligation to provide complimentary access to the internet, though this may be part of the communications provision)

If the Carrier expects that the passenger will be required to wait overnight for a flight reserved as part of alternate travel arrangements, the carrier must offer, free of charge, hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport or transportation to and from their residence.

The carrier may limit or refuse to provide a standard of treatment with respect to food, drink, communication or accommodation if providing that treatment would further delay the passenger.

The Carrier will also provide a confirmed reservation for the next available flight that is operated by the original carrier and is travelling on any reasonable air route from the same airport to the destination that is indicated on the passenger’s original ticket. Alternatively, if the passenger is no longer at the point of origin that is indicated on the ticket and the travel no longer serves a purpose because of the delay, cancellation or denial of boarding, the Carrier will refund the ticket and provide the passenger with a confirmed reservation that is for a flight to that point of origin, and accommodates the passenger’s travel needs In any other case, refund the unused portion of the ticket.

To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket and will refund the cost of any additional services purchased by a passenger in connection with their original ticket if the passenger did not receive those services on the alternate flight; or the passenger paid for those services a second time.

If the alternative travel arrangements provide for a higher class of service than the original ticket, the carrier must not request any additional payment. If the alternative travel arrangements provide for a lower class of service than the original ticket, the carrier will refund the difference in the cost of the applicable portion of the ticket.

Refunds under this section must be paid by the method used for the original payment and to the person who purchased the ticket or additional service.

If a denied boarding event occurs the is within the control of the Carrier or within the Control of the carrier for Safety, the Carrier will provide the same access to communication and standard of care, including possible accommodation if the situation requires it. No passenger will be denied boarding until the Carrier has asked for other passengers to voluntarily willing to give up their seat in exchange for a confirmed benefit, made in writing.

Compensation

Air North meets the definition of a small carrier under the APPR.

Compensation is possible under the following circumstances:

Delay

If a delay is within carrier control, and not for reasons of safety, and the passenger is informed 14 days or less before the original departure time of the flight, the following minimum compensation may apply:

  • (i) $125, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,
  • (ii) $250, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or
  • (iii) $500, 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

Cancellation

If a cancellation is within carrier control, and not for reasons of safety, and the passenger is informed 14 days or less before the original departure time of the flight, the minimum compensation of $125 may apply.

Denied Boarding

If a denied boarding is within carrier control, and not for reasons of safety, the following minimum compensation may apply:

  • (a) $900, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by less than six hours;
  • (b) $1,800, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours; and
  • (c) $2,400, 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.

The carrier will provide compensation to the passenger as soon as it is operationally feasible, but no later than 48 hours after the time of the denial of boarding.

If the compensation is paid before the arrival of the flight reserved as part of alternate travel arrangements at the destination that is indicated on their ticket, that compensation is determined based on the flight’s expected arrival. If it is not possible to provide the compensation before the boarding time of the flight reserved as part of alternate travel arrangements, the carrier must provide the passenger with a written confirmation of the amount of the compensation that is owed. If the arrival of the passenger’s flight at the destination that is indicated on their original ticket is after the time it was expected to arrive when the compensation was paid or confirmed in writing and the amount that was paid or confirmed no longer reflects the amount due in accordance with subsection (a), (b) or (c), the carrier will adjust the amount of the compensation accordingly.

Baggage

If a carrier admits to the loss of baggage (the delayed return of baggage to the passenger), or if baggage is lost for more than 21 days or is damaged, the carrier must provide compensation equal to or greater than the sum of:

  • (a) the fees paid for that baggage,
  • (b) the value of the baggage and its contents; and/or
  • (c) the interim expenses of the passenger

Interim expenses are ae considered items required by the passenger for the purpose of the travel taken. When replacing items, passengers are also reminded they are required to limit their loss, as most baggage is reunited with the passenger.

The maximum liability of the Carrier is 1,131 SDR (Special Drawing Rights) per passenger, which is approximately $2,050 Canadian Dollars. The Carrier does not provide an option to insure for higher values; passengers wishing to do so should contact an independent insurance agent.

Assignment of Seats to Children under the Age of 14 Years

In order to facilitate the assignment of a seat to a child who is under the age of 14 years in close proximity to a parent, guardian or tutor the carrier will, at no additional charge assign a seat before check-in (24-hours prior to flight) to the child that is in close proximity to their parent, guardian or tutor using the following regulations:

  • (a) in the case of a child who is four years of age or younger, a seat that is adjacent to their parent, guardian or tutor’s seat;
  • (b) in the case of a child who is 5 to 11 years of age, a seat that is in the same row as their parent, guardian or tutor’s seat, and that is separated from that parent, guardian or tutor’s seat by no more than one seat; and
  • (c) in the case of a child who is 12 or 13 years of age, a seat that is in a row that is separated from the row of their parent, guardian or tutor’s seat by no more than one row.

Note: If a passenger wishes to pre-select particular seats for themselves and a child, or change the seats assigned to them by an airline, the carrier will charge the applicable fee for each seat, as set out in the Air North tariff.

For tickets purchased within the 24-hours to flight, the Carrier will:

  • (i) advise passengers before check-in that the carrier will facilitate seat assignment of children in close proximity to a parent, guardian or tutor at no additional charge at the time of check-in or at the boarding gate,
  • (ii) assign seats at the time of check-in, if possible,
  • (iii) if it is not possible to assign seats at the time of check-in, ask for volunteers to change seats at the time of boarding, and
  • (iv) if it is not possible to assign seats at the time of check-in and no passenger has volunteered to change seats at the time of boarding, ask again for volunteers to change seats before take-off.

The Carrier will not force another passenger to change seats or leave the flight to seat a child and accompanying passenger together.

If the Carrier has followed all the steps and is still unable to arrange seats within the required distance of each other, the Carrier will talk to the affected passengers about their options. The passenger options are:

  • (i) The parent may choose to sit farther apart, or
  • (ii) decide not to take the flight at all.

Despite reasonable efforts by the Carrier, if an adult and a child under 14 cannot be seated in close proximity, and the passenger and child wish to continue their journey without said accommodation, a flight attendant will provide the child under 14 with an Unaccompanied Minor briefing.

If the passengers choose not to take the flight, the Carrier will provide other reasonable alternatives including: booking the passenger(s) appropriate seats on another flight at no extra charge, or cancelling their flight and providing a refund.

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