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Difference between revisions of "Miscellaneous Consumer Protection Legal Information (11:VIII)"
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Miscellaneous Consumer Protection Legal Information (11:VIII) (view source)
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==== e) Inadequate Notice ==== | ==== e) Inadequate Notice ==== | ||
Some disclaimer clauses are hidden in the “boilerplate” fine print of the contract and have been held not binding for this reason, if they are particularly onerous and attention was not drawn to them. | Some disclaimer clauses are hidden in the “boilerplate” fine print of the contract and have been held not binding for this reason, if they are particularly onerous and attention was not drawn to them (''Tilden Rent-A-Car Co v Clendenning'' (1978), 18 OR (2d) 601, 83 DLR (3d) 400 (Ont CA)). | ||
== B. Consumers’ Rights against Creditors and Debt Collection Agencies == | == B. Consumers’ Rights against Creditors and Debt Collection Agencies == | ||
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*a) the limits of a creditor’s remedies (''Court Order Enforcement Act'', RSBC 1996, c 78), including garnishment and seizure; | *a) the limits of a creditor’s remedies (''Court Order Enforcement Act'', RSBC 1996, c 78), including garnishment and seizure; | ||
*b) the limits to debt recovery (exemptions) under the ''Court Order Enforcement Act'' | *b) the limits to debt recovery (exemptions) under the ''Court Order Enforcement Act''; and | ||
*c) options for getting out of debt (see Chapter 10: Creditors’ and Debtors’ Remedies for Orderly Payment of Debts information). | *c) options for getting out of debt (see [[Introduction to Creditors' Remedies (10:I) | Chapter 10: Creditors’ and Debtors’ Remedies]] for Orderly Payment of Debts information). | ||
=== 2. Legislation Regulating Debt Collection === | === 2. Legislation Regulating Debt Collection === | ||
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British Columbia's new Civil Resolution Tribunal Act, SBC 2012, c 25, establishes a new dispute resolution body, the Civil Resolution Tribunal. The Tribunal provides a new online venue for the resolution of small claims matters. It encourages people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort. | British Columbia's new Civil Resolution Tribunal Act, SBC 2012, c 25, establishes a new dispute resolution body, the Civil Resolution Tribunal. The Tribunal provides a new online venue for the resolution of small claims matters. It encourages people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort. | ||
The Civil Resolution Tribunal is able to resolve: | The Civil Resolution Tribunal is able to resolve (and has initial exclusive jurisdiction of): | ||
Small claims disputes | Small claims disputes up to a maximum value of $5,000 for | ||
*debt or damages; | *debt or damages; | ||
*recovery of personal property; | *recovery of personal property; | ||
*specific performance of an agreement relating to personal property or services; or | *specific performance of an agreement relating to personal property or services; or | ||
*relief from opposing claims to personal property | *relief from opposing claims to personal property | ||
Claims related to motor vehicle accidents up to $50,000 (''Civil Resolution Tribunal Act'' s 133), such as: | |||
*damages for injuries suffered due to a motor vehicle accident | |||
*determination whether an injury is a minor injury for the purposes of the Insurance Act | |||
*damage to property (such as a vehicle) incurred due to a motor vehicle accident | |||
Strata disputes between owners of strata properties and strata corporations for a wide variety of matters such as | Strata disputes between owners of strata properties and strata corporations for a wide variety of matters such as | ||
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*issues regarding the common property. | *issues regarding the common property. | ||
For more information on the Civil Resolution Tribunal and the Small Claims Court, see [[Introduction to Small Claims (20:I)|Chapter 20: Small Claims]]. | |||
== I. Air Passenger Protection Regulations == | |||
Passengers on aircraft recently received an additional set of legal protections in the cases of delayed flights, denied boarding, children under 14 travelling with or without family, and musical instrument transportation. The ''Air Passenger Protection Regulations'' SOR/2019-150 [APPR] under the ''Canada Transportation Act'' went into effect with some protections entering into force on July 15th, 2019 and fully entering force on December 15th, 2019. There are also differences in the requirements for a large carrier (defined as carrying over 2 million people worldwide per year for the past 2 years) and a small carrier. The information below applies to large carriers, and small carriers have similar but slightly different obligations. Please see the regulation itself for more information. | |||
=== 1. Communication with Passengers === | |||
Air carriers must make its terms and conditions surrounding: | |||
*Flight delay, flight cancellation and denial of boarding; | |||
*Lost or damaged baggage; and | |||
*The assignment of seats to children who are under the age of 14 years | |||
Available in simple, clear and concise language (APPR s 5(1)). Additionally, they need to provide this information (or a hyperlink to this information) on all digital platforms that they use to sell tickets and on all documents on which the passenger’s itinerary appears (APPR s 5(2)). | |||
In the airport, the carrier is required to display signage indicating that passengers have certain rights under the APPR in the case of lost/damaged baggage or denied boarding. | |||
There are additional requirements on the carriers and sellers of tickets for air travel in terms of advertisement (APPR s 25-31). Please see the regulation for more information. | |||
=== 2. Delays, Cancellations, and Denial of Boarding === | |||
==== a) General ==== | |||
Section 13 of the APPR sets out the information that must be provided to passengers in the event of a delay, cancellation, or denial of boarding: | |||
#the reason for the delay, cancellation or denial of boarding; | |||
#the compensation to which the passenger may be entitled for the inconvenience; | |||
#the standard of treatment for passengers, if any; and | |||
#the recourse available against the carrier, including their recourse to the Agency. | |||
In the case of a delay, the carrier is also required to give status updates every 30 minutes until a new departure time is set or alternative travel arrangements have been made. | |||
There are three possible categorizations for a delay, cancellation, or denial of boarding: it is not within the control of a carrier, it is in control of the carrier, or it is in the control of the carrier but is required for safety purposes. Determining the category of the incident is the first step for determining the benefits that are required to be afforded to the passenger. | |||
The carrier is not at fault in situations such as weather conditions that render safe operation impossible, instructions from air traffic control, a medical emergency, a labour disruption within the carrier, illegal acts or sabotage, a collision with wildlife, or a security threat. It also includes a delay, cancellation or denial of boarding that is directly attributable to an earlier delay or cancellation caused by something outside of the control of the carrier where the carrier took all reasonable measures to mitigate the impact of the earlier delay or cancellation. These are merely examples and other situations could potentially be classified as not within the control of the carrier (APPR s 10). | |||
This table below sets out the benefits that must be provided to passengers in the event of a delay, cancellation, or denial of boarding (APPR ss 10-21): | |||
{| class="wikitable" | |||
|- | |||
! The Carrier Must: !! Carrier not at fault !! Carrier at fault, but needed for safety !! Carrier at fault | |||
|- | |||
| '''Inform the passenger as set out in s 13 and detailed above''' || Yes || Yes || Yes | |||
|- | |||
| '''Provide food, drink, and access to communication free of charge in case of delay or cancellation''' || No || Starting 2 hours after original departure time, if passenger informed of delay/cancellation less than 12 hours before departure time || Starting 2 hours after original departure time, if passenger informed of delay/cancellation less than 12 hours before departure time | |||
|- | |||
| '''In the event of a cancellation, denial of boarding, or a delay of more than 3 hours where the passenger desires, provide alternate travel arrangements free of charge or a refund''' || A confirmed reservation for the next available flight with the carrier that is travelling to the destination within 48 hours; | |||
Or if that cannot occur, a confirmed reservation for a flight to the destination by any other carrier and if that flight departs from another airport, transportation to that airport; | |||
No refund need be offered | |||
| Provide a refund; or | |||
a confirmed reservation for the next available flight with the carrier that is travelling to the destination within 9 hours; | |||
If that cannot occur, a confirmed reservation for a flight to the destination by any other carrier from the original airport within the next 48 hours; | |||
Or, if that also cannot occur, a confirmed reservation for a flight to the destination by any other carrier and if that flight departs from another airport, transportation to that airport. | |||
| Provide a refund (minimum $400); or | |||
a confirmed reservation for the next available flight with the carrier that is travelling to the destination within 9 hours; | |||
If that cannot occur, a confirmed reservation for a flight to the destination by any other carrier from the original airport within the next 48 hours; | |||
Or, if that also cannot occur, a confirmed reservation for a flight to the destination by any other carrier and if that flight departs from another airport, transportation to that airport. | |||
|- | |||
| '''Provide compensation for a delay or cancellation with less than 14 days of notice''' || No || No || Compensation depends on how long it delays arrival to destination: | |||
*$400 if between 3 and 6 hours of delay | |||
*$700 if between 6 and 9 hours of delay | |||
*$1,000 if more than 9 hours of delay | |||
|- | |||
| '''Standard of Treatment for denial of boarding''' || No standard of treatment required by the regulations || before a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge: | |||
#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 | |||
#access to a means of communication. | |||
If a benefit is offered in exchange for a passenger giving up their seat, the carrier must provide the passenger a written confirmation before the flight departs | |||
| before a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge: | |||
#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 | |||
#access to a means of communication. | |||
If a benefit is offered in exchange for a passenger giving up their seat, the carrier must provide the passenger a written confirmation before the flight departs | |||
|- | |||
| '''Provide compensation for a denial of boarding''' || No || No || Compensation depends on how long it delays arrival to destination: | |||
*$900 if between 3 and 6 hours of delay | |||
*$1,800 if between 6 and 9 hours of delay | |||
*$2,400 if more than 9 hours of delay | |||
|} | |||
In the case of compensation for delay, cancellation, or a refund, compensation needs to be applied for to the carrier before the first anniversary of the day on which the flight delay or flight cancellation occurred. | |||
Compensation must be monetary unless (APPR s 21): | |||
(a) [the carrier] offers compensation in another form that has a greater monetary value than the minimum monetary value of the compensation that is required under these Regulations; | |||
(b) the passenger has been informed in writing of the monetary value of the other form of compensation; | |||
(c) the other form of compensation does not expire; and | |||
(d) the passenger confirms in writing that they have been informed of their right to receive monetary compensation and have chosen the other form of compensation. | |||
In the case where a passenger’s class of ticket changes on an alternate travel arrangement made by the carrier because of a delay, cancellation, or denial of boarding, the carrier may not charge an additional fee if alternate travel arrangements are of a higher class and, if the carrier was at fault for the delay cancellation or denial of boarding, must compensate the passenger the difference in the ticket cost if the alternate travel arrangement is of a lower class. To the extent possible, the carrier must provide services that are comparable to those of the original ticket. | |||
==== b) Denial of Boarding, Priority Rules ==== | |||
When a passenger is denied boarding in a case where the carrier is at fault (even if it is done for safety reasons), there is a procedure in place for determining who is to be denied boarding (APPR s 15): | |||
#The air carrier must ask all passengers if they would be willing to give up their seat, and cannot deny boarding to a passenger until it has done so | |||
#The carrier must not deny boarding to a passenger that is already on the aircraft, unless it is required for safety reasons | |||
#If any passenger(s) must be denied boarding, the carrier must start by denying boarding to passengers that fall into the lowest category on this list that contains passengers who are still entitled to board the plane (in other words, this is the priority list for boarding): | |||
##an unaccompanied minor; | |||
##a person with a disability and their support person, service animal, or emotional support animal, if any; | |||
##a passenger who is travelling with family members; and | |||
##a passenger who was previously denied boarding on the same ticket. | |||
##all other passengers | |||
==== c) Delay on the Tarmac ==== | |||
There are additional protections in place if a delay occurs while waiting on the ground in the aircraft either before take-off or after landing. Once there is a delay, the air carrier is required to provide access to the following, free of charge [APPR s 8(1)]: | |||
#if the aircraft is equipped with lavatories, access to those lavatories in working order; | |||
#proper ventilation and cooling or heating of the aircraft; | |||
#if it is feasible to communicate with people outside of the aircraft, the means to do so; and | |||
#food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport. | |||
#If urgent medical assistance is required, the carrier must facilitate access to that assistance | |||
In addition, after 3 hours of delay on the ground the carrier must provide an opportunity for the passengers to disembark provided that it is not likely for take-off to occur in less than 45 minutes (APPR s 9). | |||
=== 3. Lost or Damaged Baggage === | |||
In the case where baggage is lost (even temporarily) or damaged, the carrier must provide compensation of up to $2,100 (see the regulation) and a refund of any baggage fees (APPR s 23). | |||
=== 4. Priority Seating for Children under 14 === | |||
By December 15th, 2019, | |||
The carrier must facilitate the assignment of a seat to a child who is under the age of 14 years by offering, at no additional charge, | |||
*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; | |||
*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 | |||
*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 (APPR s 22). | |||
The carrier must compensate the passenger for the difference in ticket cost if the seat assigned to the child is of a lower class, and may ask for additional payment equal to the difference in ticket price if the passenger chooses a seat that is higher class than the ticket. | |||
=== 5. Musical Instruments === | |||
All carriers must have policies in place for the transportation of musical instruments, including restrictions with respect to size, weight, quantity, and use of stowage space in the cabin; fees for transporting instruments; and the options available for a passenger if the airplane that the flight actually takes place on is different than expected and has insufficient storage space in the cabin. | |||
Carriers must accept musical instruments as checked or carry-on baggage unless the specific instrument is too heavy, too large, or too unsafe according to the general terms and conditions of the carrier. | |||
== J. Cheque Cashing Fees for Government Issued Cheques == | |||
The BCPCA sets out a restriction on the amount allowed to be charged to a person in fees for cashing a government issued cheque, such as a cheque issued under the ''Employment and Assistance Act for income assistance'' (BPCPA s 112.13). Specifically, under the ''Government Cheque Cashing Fees Regulation'' BC Reg 127/2018 [GCCFR], a person may not charge a cheque cashing fee of more than $2 plus 1% of the value of the cheque up to a maximum of $10 total (GCCFR s 3). | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
