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1. Introduction

i. Background

In a submission to the Canadian Aviation Regulation Advisory Council (CARAC) Commercial Air Services Operations (CASO) Technical Committee, the Air Transport Association of Canada (ATAC) suggested that current Canadian aviation legislation and Criminal Code of Canada provisions did not provide adequate regulatory support in practice for crew members who are confronted with abusive and unruly passengers. ATAC also noted that there were enforcement problems when abusive passengers ignored safety regulations and crew member instructions concerning smoking, alcohol consumption and other matters, both internationally and domestically. As a result, airlines have been challenged successfully by lawsuits when passengers have been removed from the aircraft to protect the safety of the flight. ATAC expressed its view that the problem has been addressed more effectively by U.S. law, citing U.S. Federal Aviation Regulation (FAR) 91.11. ATAC called on Transport Canada to develop new provisions under the Canadian Aviation Regulations (CARs) that would enable effective enforcement action to be taken if a passenger becomes abusive or intentionally violates a safety regulation.

The Canadian Union of Public Employees (CUPE) agreed with ATAC’s assessment of the situation and noted that abusive and unruly passengers were becoming a more widespread problem for flight attendants to handle. CUPE agreed that introducing provisions similar to those in FAR 91.11 would be beneficial, but noted that such a proposal had been rejected during the Canada Gazette Part I consultation process for Part IV of the CARs. CUPE added that more also had to be done in this area than simply promulgating a new regulation. These additional measures should include a "right to know" for operating crew of known abusive and unruly passengers, improved training for crew members, company support to prosecute and ban repeat offenders, a new government determination to address this issue and clearer enforcement procedures for crew members, company representatives and law enforcement agencies of existing and new legal requirements.

Concurrently with these early discussions, the Federal Aviation Administration (FAA) issued an Advisory Circular addressing interference of crew members in the performance of their duties. The Advisory Circular sought to achieve the FAA’s goal of zero tolerance of crew member interference incidents. It also called for the classification of crew member incidents, use of an "In-flight Disturbance Form" which contains a written warning to passengers and helps identify and report onboard incidents, and clear company policies for "zero tolerance" in the handling of reported incidents.

CUPE also noted the relevance of initiatives underway by Human Resources Development Canada to develop regulations under Part II of the Canada Labour Code respecting violence in the workplace. It was anticipated that these regulations would cover situations involving pilots and flight attendants.

A broadly-based consensus was achieved among members of the CASO Technical Committee that a Working Group should be established to address all aspects of the issue of abusive and unruly passengers with assistance from specialized branches of government. The Working Group was established as the Working Group On Prohibition Against Interference With Crew Members.

ii. Terms of Reference

Objectives

The Working Group was assigned the following objectives:

  • To define the instances of abusive and unruly passenger behaviour that may constitute a threat to passenger, crew member and flight safety;
  • To determine the need for a "zero tolerance" policy to the identified incidents of crew member interference affecting Canadian air carriers operating domestically and internationally; and
  • To recommend an effective strategy (including legislative, regulatory and non-regulatory elements) to reduce incidents of interference with crew members in the performance of their duties. A key part of any such effective strategy would require the development of clear enforcement procedures.

Scope

The Working Group was to pursue its objectives by examining and evaluating the following:

  • The current Canadian legislative, regulatory and policy framework (including the Aeronautics Act, the Canadian Aviation Regulations, the Criminal Code of Canada, and other applicable legislation) governing interference with crew members in the performance of their duties;
  • The approaches of other jurisdictions to this problem, including the United States and Europe;
  • Current company policies, procedures and training for crew members and other airline personnel to deal with abusive and unruly passengers;
  • Procedures for the enforcement of sanctions against passengers who interfere with crew members, including jurisdictional issues and the role of police and other agencies; and
  • Public awareness and support for effective measures to deal with the problems of abusive and unruly passengers.

The Working Group was asked to, where necessary, make recommendations with a view to limiting future incidents of crew member interference by abusive and unruly passengers.

Composition

Working Group members were nominated from the CASO Technical Committee. In recognition of the need to bring other relevant expertise to the deliberations of the Working Group, representatives of Peel Regional Police, the Ottawa-Carleton Regional Police and the RCMP were invited and agreed to participate. In addition, advisors with specialized knowledge from the Department of Justice, Human Resources Development Canada and the FAA took part in meetings. The Working Group was Chaired by the Director, Security Policy and Legislation, Transport Canada.

Annex 1 lists all organizations whose representatives participated in the Working Group’s meetings.

iii. Method

The Working Group conducted its work in plenary session. Meetings were held at Transport Canada’s headquarters in Ottawa, May 25-26, 1998, October 6-8, 1998, February 16-18, 1999, June 1-2, 1999 and November 3-4, 1999. An agreed work program (Annex 2) was established to support the Terms of Reference and guide the Working Group’s efforts. While the work program was the basis for the Working Group’s orientation, other matters were considered in order to give thorough consideration to the subject.

In general, the Working Group conducted its examination of the issues surrounding unruly passengers and developed its recommendations by considering relevant information and by the frank exchange of views between members. Consensus was achieved, where possible, through all aspects of the Working Group’s deliberations.

This report is the product of the Working Group members’ collaborative efforts. The recommendations herein respond to the tasks assigned by the CASO Technical Committee and to key issues and concerns surfaced during the Working Group’s examination of the subject. As a package, the recommendations constitute a strategy to reduce interference with crew members in the performance of their duties. The Working Group emphasizes, however, that there remains much to be understood about unruly passenger behaviour and the proven effectiveness of methods to reduce the incidence of passenger interference with crew members.

 
Date modified:
2010-05-03