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| {{LSLAP Manual TOC|expanded = consumer}} | | {{REVIEWED LSLAP | date= August 4, 2021}} |
| | {{LSLAP Manual TOC|expanded = criminal}} |
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| == A. Circumvention of Disclaimer Clauses ==
| | '''Absolute Discharge''' |
| | *An accused pleads guilty or is found guilty but has no conditions or probation period imposed. There will be no conviction on the criminal record. |
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| Vendors may try to protect themselves from liability arising from oral representations made to a buyer by inserting an exclusion clause into the written contract. Exclusion clauses attempt to invalidate any representations or warranties other than those explicitly mentioned in the written contract. Exclusion clauses can also seek to exclude statutory conditions and warranties, or they can attempt to limit the buyer’s default rights. There can be a variety of ways to get around such clauses.
| | '''Accused''' |
| | *The person whom the Crown charges with a criminal offence. |
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| === 1. Statutory Relief ===
| | '''Actus Reus''' |
| | *An essential element of the criminal offence; what the accused physically did to commit the crime. |
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| ==== a) Retail Sales of Goods ====
| | '''Adjournment''' |
| | *A postponement; an accused or clinician can ask for this at an appearance if they need more time before deciding what to do about the charge. |
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| ''SGA'' s 20(2) states that, in the case of a retail sale of new goods to a consumer, any term of a contract that purports to negate or in any way diminish the statutory conditions or warranties in ss 17 – 19 of the ''SGA'' is void. | | '''Admission''' |
| | *A statement made by an accused to a civilian witness. |
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| ==== b) Deceptive Act or Practice ====
| | '''Agent''' |
| | *An appearance made by a person other than the accused acting on behalf of the accused. |
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| Where a supplier makes oral representations to a consumer, but terms in the contract deny or negate such representations, the vendor may have engaged in a deceptive act or practice under the ''BPCPA''.
| | '''Alternative Measures''' |
| | *A program offered by Crown to divert the offender away from the criminal justice system. No guilty plea is made and charges are stayed. An acknowledgement of guilty and expression of remorse are required by the client. |
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| ==== c) Consumer Transactions Generally ====
| | '''Appeal''' |
| | *Formally contesting the verdict or sentence. |
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| In consumer transactions involving a commercial supplier, the purchaser may invoke s 187 of the ''BPCPA'', which makes oral or extrinsic evidence admissible for determining the understanding of the parties.
| | '''Appearance Notice''' |
| | *A notice provided by a police officer requiring the accused to attend court at a certain date and time. |
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| === 2. Common Law Relief ===
| | '''Arraignment Hearing''' |
| | *A hearing in front of a Judge or JP where the accused decides whether to plead guilty or go to trial. |
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| Although the statutory provisions will usually help a consumer defeat disclaimer clauses, several common law doctrines and judicial techniques may also be of assistance.
| | '''Bail''' |
| | *Refers to the release (or detention) of a person charged with a criminal offence prior to a trial or guilty plea. |
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| ==== a) Clause Deemed Not to Be Part of Contract ====
| | '''Bail Conditions''' |
| | *Release conditions imposed on an accused that they must abide by in order to be released from custody prior to trial or plea. |
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| To rely on an exclusion clause, the seller must show that it is part of the contract. However, the court may find that the clause does not form part of the contract where, for example, it is insufficiently legible, or where it was inserted after the agreement was concluded.
| | '''Bench Warrant''' |
| | *A bench warrant is an order issued by a judge requesting the detention of a person until they can appear in court. Such an order is often issued because a defendant did not appear in court. |
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| ==== b) Misrepresentation as to the Clause’s Legal Effect ====
| | '''Complainant''' |
| | *The person who usually makes the report to the police about having been the victim of a crime. |
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| When the seller has misrepresented the legal effect of a disclaimer clause, a court may be willing to render the clause inoperative. Traditionally, however, courts would not invalidate a clause based on a misrepresentation of law, as opposed to fact.
| | '''Conditional Discharge''' |
| | * A period of probation imposed on an accused where after the period is complete, no convictions will appear on a criminal record. |
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| ==== c) Strict Interpretation of Clause ====
| | '''Conditional Sentence''' |
| | *A conditional sentence is a jail sentence that you serve in the community instead of jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community and do not have a history of failing to obey court orders. |
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| Disclaimer clauses are strictly construed against the party seeking to rely on them. Anything not explicitly found in the clause will not be read into it.
| | '''Confession''' |
| | *A statement of guilt made to a police officer or another person in authority. |
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| ==== d) Collateral Contract ====
| | '''Cross-Examination''' |
| | *The interrogation (leading questions) of a witness called by the other side. |
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| The court may find that where a clause excludes oral representations, an oral representation made by the seller actually constitutes a collateral (or parallel) contract.
| | '''Crown Counsel''' |
| | *Lawyers appointed by the government who prosecute criminal cases. |
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| ==== e) Inadequate Notice ====
| | '''Custodial Sentence''' |
| | *A sentence served in jail. |
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| 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 (''[https://www.canlii.org/en/on/onca/doc/1978/1978canlii1446/1978canlii1446.html?autocompleteStr=Tilden%20Rent-A-Car%20&autocompletePos=1 Tilden Rent-A-Car Co v Clendenning]'', (1978), 18 OR (2d) 601, 83 DLR (3d) 400 (Ont CA)).
| | '''Detention''' |
| | *A suspension of an individual’s liberty by physical or psychological restraint. |
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| == B. Consumers’ Rights against Creditors and Debt Collection Agencies ==
| | '''Direct Examination''' |
| | *Where the defence or Crown questions its own witnesses. |
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| === 1. If the Client has Serious Debt, Inform the Client of: ===
| | '''Disposition''' |
| | *If a matter in court is “for disposition,” this means there will be a guilty plea instead of a full trial. |
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| *a) the limits of a creditor’s remedies (''Court Order Enforcement Act'', RSBC 1996, c 78), including garnishment and seizure;
| | '''Duty Counsel''' |
| *b) the limits to debt recovery (exemptions) under the ''Court Order Enforcement Act''; and | | *Lawyers paid by the government who work in the court house and advise accused with basic legal information and basic court appearances. |
| *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).
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| === 2. Legislation Regulating Debt Collection ===
| | '''Election''' |
| | *For indictable offences, where the accused can decide whether to have their case tried in Provincial Court or Supreme Court (and with or without a jury). |
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| ''Business Practices and Consumer Protection Act'', SBC 2004 | | '''''Ex Parte''''' |
| | *Proceeding without the accused present. |
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| ''Court Order Enforcement Act'', RSBC 1996, c 78 | | '''Hearsay''' |
| | *Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them. |
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| ''Repairer’s Lien Act'', RSBC 1996, c 404 | | '''Hybrid Offence''' |
| | *An offence where the Crown can choose to proceed either summarily or by indictment. The majority of ''Criminal Code'' offences are hybrid. |
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| ''Small Claims Act'', RSBC 1996, c 430 | | '''Judicial Case Manager''' |
| | *A JP who controls the calendar for the court and sets trial dates. |
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| ''Bankruptcy and Insolvency Act (Canada)'', RSC 1985, c B-3 | | '''Justice of the Peace (JP)''' |
| | *A person appointed by the government to conduct certain tasks in court (like initial appearances), fix trial dates, and hear bail applications. |
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| ''Debtor Assistance Act'', RSBC 1996, c 93 | | '''Indictable Offence''' |
| | * A more serious criminal offence where the maximum sentence could be life imprisonment. There is no time limit to when charges can be laid (e.g., an accused can be charged 20 years after an act has occurred). The exception to this point is treason, which has a 3-year limitation period. |
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| ''Creditor Assistance Act'', RSBC 1996, c 83 | | '''Information''' |
| | *The document which sets out the specific offences the accused is charged with. |
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| ''Personal Property Security Act'', RSBC 1996, c 359 | | '''Initial Appearance(s)''' |
| | *An appearance before a JP or Judge where the accused can decide how to proceed. There can be multiple initial appearances. |
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| For more information on debtor and creditor law, see [[Introduction to Creditors%27 Remedies (10:I) | Chapter 10: Debtors’ and Creditors’ Remedies]].
| | '''Initial Sentencing Position''' |
| | *The sentence Crown would seek if the accused were to plead guilty and not go to trial. |
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| == C. Telemarketer Licensing Regulation ==
| | '''Insufficient Evidence Motion''' |
| | *A motion made by defence at trial claiming Crown has not proven the case beyond a reasonable doubt. |
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| In the ''Telemarketer Licensing Regulation'', BC Reg 83/2005 [TLR], “telemarketer” is defined as “a supplier who engages in the business or occupation of initiating contact with a consumer by telephone or facsimile for the purpose of conducting a consumer transaction.”
| | '''K-File''' |
| | *A file where the accused and complainant are family members. The most common is spousal assault. |
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| Section 4(1) of the TLR requires that a telemarketer have a license for each location in which they conduct business.
| | '''Mens Rea''' |
| | *An essential (mental) element of the criminal offence (an intention to commit the crime). |
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| Section 7 outlines the various records a telemarketer must keep for '''each''' sales contract entered into, and stipulates that the records be maintained for a period of two years after the contract is entered into by the consumer.
| | '''No Evidence Motion''' |
| | *When the Crown has presented the case against you, if you feel that they have failed to prove all the things that had to be proved, you can make a no-evidence motion. This means that you are asking the judge to dismiss the case, without hearing the defence evidence. |
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| Section 8 of the ''TLR'' prohibits several acts and practices by telemarketers. Section 8(2) prohibits contacting a consumer by either phone or fax on (a) statutory holidays, (b) outside of the hours of 10 a.m. – 6 p.m. on Saturdays or Sundays, and (c) outside of the hours of 9 a.m. – 9:30 p.m. on any other day. Section 8(3) prohibits contacting a consumer more than once in 30 days for the same transaction. Section 8(4) prohibits telemarketers from blocking their number on the call display of the consumer. Section 8(5) requires that, before the consumer enters into a contract or commits to contributing money, a telemarketer acting on behalf of a supplier disclose (a) the name, business address and telephone number of the supplier, or (b) the purpose of the contribution if requesting a donation.
| | '''Particulars''' |
| | *The disclosure package provided to the accused by the Crown containing all of the relevant evidence in the Crown’s case against the accused. |
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| == D. Repairer’s Liens ==
| | '''Preliminary Inquiry''' |
| | *A hearing held in provincial court to determine if there is enough evidence to move forward to the trial in Supreme Court. The Preliminary Inquiry is available to all accused persons charged with offences that proceed by way of indictment. A preliminary inquiry is a hearing to determine whether there is sufficient evidence to proceed to trial. A preliminary inquiry is not a trial. |
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| The ''Repairer’s Lien Act'' [''RLA''], which codifies the common-law possessory lien, offers an extremely powerful collection tool for those who repair or do other work on chattels. With respect to any chattel, it allows the repairer to simply retain possession of the goods until paid and, if payment is not forthcoming, to sell the goods to recover the cost of the repair. In addition, for a limited category of chattels, the most important of which is motor vehicles, the ''RLA'', if followed precisely, allows the repairer to maintain and enforce a lien on a vehicle, even after it has been returned to the owner. This is a common consumer problem encountered by individuals whose vehicles have been seized by a bailiff following a dispute over the amount of a repair bill. The most important requirement for a valid repairer’s lien is that the repairer, after doing the work but before releasing possession of the vehicle, must get the owner to sign an acknowledgement of indebtedness (often included as part of the repair invoice). The repairer then has 21 days to file a lien in the Personal Property Registry and, if everything has been done properly, the lien remains valid for a period of six months and can be renewed for an additional six months. At any time while the lien is subsisting, the garage keeper or repairer can have the vehicle seized by a bailiff.
| | '''Pre-Sentence Report''' |
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| | *A report that can be ordered by a judge after a guilty plea has been entered and prior to sentencing in order to recommend an appropriate sentence for the accused. |
| Another common consumer complaint with respect to repairer’s lien seizures is the amount of the bailiff’s fee. A schedule to the ''RLA'' limits certain bailiff fees. See BC Regulation 424/81. Bailiffs frequently try to demand excessive seizure fees. Complaints about excessive fees charged by bailiffs can be referred to the Director of Debt Collection, Ministry of Attorney General.
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| == E. Liens for Storage ==
| | '''Report to Crown Counsel''' |
| | *Summary of the police narrative and any witness statements taken with respect to the case. |
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| The ''Warehouse Lien Act'', RSBC 1996, c 480 gives a statutory lien and power of sale to those who are in the business of storing goods.
| | '''Sentence''' |
| | *What punishment the judge decides the accused should be subject to when found guilty. |
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| == F. Towed Vehicles ==
| | '''Summary Conviction Offence''' |
| | *A less serious offence where the maximum jail term is usually 6 months and maximum fine is $5,000. |
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| Under s 188 of the ''Motor Vehicle Act'', where an illegally parked vehicle has been towed away, the owner of the vehicle must pay all costs and charges for the removal, care, and storage of the motor vehicle. These costs and charges represent a lien in favour of the keeper of the place where the vehicle is being kept.
| | '''Summons''' |
| | *A written order by a judge or JP requiring the accused to attend court at a certain date and time. |
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| == G. Electronic Transactions Act ==
| | '''The Bar of the Court''' |
| | *The partition in the courtroom between where the lawyers sit and where the general public sits. |
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| The ''Electronic Transaction Act'', SBC 2001, c 10 [''ETA''] prevents parties from challenging contracts solely on the grounds that they are entered into electronically. The ''ETA'' removes legal uncertainty concerning the enforceability of contracts entered into electronically, and is primarily designed to facilitate commercial relations using the Internet. However, s 17 of the Act provides an element of consumer protection. It provides that an electronic record created by an individual is not enforceable where the individual made a material error in the record and: (i.) the electronic agent did not provide an opportunity to prevent or correct the error; (ii.) the individual notifies the other party that an error has been made as soon as practicable after learning of the error; (iii.) the person making the error takes reasonable steps to return the consideration in accordance with the instructions of the other party or destroy the consideration if requested to do so; and (iv.) the individual has not received any material benefit or value from the consideration.
| | '''Vacating a Warrant''' |
| | *In order to vacate a bench warrant, the client will need to appear before a judge and apply to be re-released on bail. |
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| == H. Civil Resolution Tribunal ==
| | '''Verdict''' |
| | *After the trial, the judge returns a finding of guilty or not guilty. |
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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.
| | '''Voir Dire''' |
| | *An in-trial hearing that is considered a separate hearing from the trial itself. It is known as a "trial within a trial" and is designed to determine an issue separate from the procedure or admissibility of evidence. |
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| The Civil Resolution Tribunal is able to resolve (and has initial exclusive jurisdiction of):
| | '''Witness''' |
| | | *Anyone called to give evidence at a trial. |
| Small claims disputes up to a maximum value of $5,000 for
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| *debt or damages;
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| *recovery of personal property;
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| *specific performance of an agreement relating to personal property or services; or
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| *relief from opposing claims to personal property
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| Claims related to motor vehicle accidents up to $50,000 (''Civil Resolution Tribunal Act'' s 133), such as:
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| *damages for injuries suffered due to a motor vehicle accident
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| *determination whether an injury is a minor injury for the purposes of the Insurance Act
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| *damage to property (such as a vehicle) incurred due to a motor vehicle accident
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| Strata disputes between owners of strata properties and strata corporations for a wide variety of matters such as
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| *non-payment of monthly strata fees or fines;
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| *unfair actions by the strata corporation or by people owning more than half of the strata lots in a complex;
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| *uneven, arbitrary or non-enforcement of strata bylaws (such as noise, pets, parking, rentals);
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| *issues of financial responsibility for repairs and the choice of bids for services;
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| *irregularities in the conduct of meetings, voting, minutes or other matters;
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| *interpretation of the legislation, regulations or bylaws; and
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| *issues regarding the common property.
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| For more information on the Civil Resolution Tribunal and the Small Claims Court, see [[Introduction to Small Claims (20:I)|Chapter 20: Small Claims]].
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| == I. Air Passenger Protection Regulations ==
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| 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.
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| === 1. Communication with Passengers ===
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| Air carriers must make its terms and conditions surrounding:
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| *Flight delay, flight cancellation and denial of boarding;
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| *Lost or damaged baggage; and
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| *The assignment of seats to children who are under the age of 14 years
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| 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)).
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| 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.
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| 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.
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| === 2. Delays, Cancellations, and Denial of Boarding ===
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| ==== a) General ====
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| 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:
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| #the reason for the delay, cancellation or denial of boarding;
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| #the compensation to which the passenger may be entitled for the inconvenience;
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| #the standard of treatment for passengers, if any; and
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| #the recourse available against the carrier, including their recourse to the Agency.
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| 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.
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| 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.
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| 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).
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| 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):
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| {| class="wikitable"
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| ! The Carrier Must: !! Carrier not at fault !! Carrier at fault, but needed for safety !! Carrier at fault
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| | '''Inform the passenger as set out in s 13 and detailed above''' || Yes || Yes || Yes
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| | '''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
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| | '''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;
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| 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;
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| No refund need be offered
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| | Provide a refund; or
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| a confirmed reservation for the next available flight with the carrier that is travelling to the destination within 9 hours;
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| 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;
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| 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.
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| | Provide a refund (minimum $400); or
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| a confirmed reservation for the next available flight with the carrier that is travelling to the destination within 9 hours;
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| 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;
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| 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.
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| | '''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:
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| *$400 if between 3 and 6 hours of delay
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| *$700 if between 6 and 9 hours of delay
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| *$1,000 if more than 9 hours of delay
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| |-
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| | '''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:
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| #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
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| #access to a means of communication.
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| 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
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| | before a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge:
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| #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
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| #access to a means of communication.
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| 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
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| |-
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| | '''Provide compensation for a denial of boarding''' || No || No || Compensation depends on how long it delays arrival to destination:
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| *$900 if between 3 and 6 hours of delay
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| *$1,800 if between 6 and 9 hours of delay
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| *$2,400 if more than 9 hours of delay | |
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| 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.
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| Compensation must be monetary unless (APPR s 21):
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| #[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;
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| #the passenger has been informed in writing of the monetary value of the other form of compensation;
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| #the other form of compensation does not expire; and
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| #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.
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| 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.
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| ==== b) Denial of Boarding, Priority Rules ====
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| 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):
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| #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
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| #The carrier must not deny boarding to a passenger that is already on the aircraft, unless it is required for safety reasons
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| #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):
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| ##an unaccompanied minor;
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| ##a person with a disability and their support person, service animal, or emotional support animal, if any;
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| ##a passenger who is travelling with family members; and
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| ##a passenger who was previously denied boarding on the same ticket.
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| ##all other passengers
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| ==== c) Delay on the Tarmac ====
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| 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)]:
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| #if the aircraft is equipped with lavatories, access to those lavatories in working order;
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| #proper ventilation and cooling or heating of the aircraft;
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| #if it is feasible to communicate with people outside of the aircraft, the means to do so; and
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| #food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport.
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| #If urgent medical assistance is required, the carrier must facilitate access to that assistance
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| 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).
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| === 3. Lost or Damaged Baggage ===
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| 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).
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| === 4. Priority Seating for Children under 14 ===
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| By December 15th, 2019,
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| 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,
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| *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;
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| *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
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| *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).
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| 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.
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| === 5. Musical Instruments ===
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| 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.
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| 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.
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| == J. Cheque Cashing Fees for Government Issued Cheques ==
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| 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).
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| {{REVIEWED LSLAP | date= August 15, 2019}}
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| {{LSLAP Manual Navbox|type=chapters8-14}}
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