Domestic Legislations. References to domestic legislations are required, because the Conventions occasionally proceed to renvois to domestic legislation. This recourse may also be justified insofar as certain domestic legislations, like regional legisla- tions, develop consumer protection provisions that may interfere with the Conventions.
Domestic Legislations. The adoption of specific air passenger rights is not limited to regional organizations. Individual States have also adopted their own air passenger protection legislation. Certain of these domestic legislations set out specific provisions in the case of delays. This is, for example, the case of Canada, which in 2019 adopted its own air passenger regulations. The Canadian Air Passenger Protection Regula- tions96 provide, for instance, that if a delay is due to a situation outside the carrier’s control, and passengers were informed 14 days or less before departure time that the arrival of their flight at its final destination would be delayed, the carrier must offer a minimum compensation for the incon- venience.97 This compensation varies between CAN 125 and CAN 1 000, depending on the duration of the delay, and on whether domestic legisla- tion considers the carrier to be large or small.98 93 Its members in 2021 include: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. 94 ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services signed at Bandar Seri Begawan on 12 November 2010. 95 See, for example, Handbook on ASEAN Consumer Protection Laws and Regulations, Source: ASEAN, <xxxxx://xxxxx.xxx/wp-content/uploads/2018/05/Handbook- on-ASEAN-Consumer-Protection-Laws-and-Regulation.pdf> (accessed 27 October 2019). 96 Air Passenger Protection Regulations, SOR/2019-150, Canada Gazette, Part II, Volume 153, Number 11. At the time of writing, these regulations are being challenged before the Canadian Federal Court of Appeal. See, the following press articles, Canadian Broadcasting Corporation, <xxxxx://xxx.xxx.xx/news/business/canadian-airlines- fight-passenger-rights-bill-in-court-1.5201985> (accessed 22 March 2021); Le Devoir, <xxxxx://xxx.xxxxxxxx.xxx/economie/560781/xx-xxxx-x-xxxxx-federale-entendra-la- contestation-des-transporteurs-aeriens> (accessed 22 March 2021). 97 Canadian Air Passenger Protection Regulations, Section 12. 98 Ibid., Section 19. Other States have also adopted domestic legislation on air passenger rights,99 such as: Algeria,100 Brazil,101 China,102 India,103 Indonesia,104 the Philippines,105 South Korea,106 the United Kingdom107 and Vietnam.108 This being said, each legislation deserves an ad hoc analysis as it cannot be assumed that all of them would necessarily be in contradiction with the principle of exclusivity of the 1999 Montreal Convention.109
