Does it get on your nerves when passengers get up from their seats before the plane has landed? You are not alone! Many companies have decided to impose a fine, and some have gone further and introduced something more than just an administrative liability.
Turkish Airlines will fine passengers who leave their seats before the plane has come to a complete stop and the seatbelt sign has been turned off. Starting May 2025, such actions will be considered as "aircraft misbehavior", which also includes opening the overhead bins before the crew gives permission.
In Canada, misbehavior on the plane can fall under several Sections of the Criminal Code and the Aeronautics Act, depending on the nature of the offence.
The main aspects of punishment depend on the severity of the offense and the circumstances:
1. Endangering the Safety of an Aircraft is the most serious charge
Under Section 77 of the Criminal Code of Canada, committing an act of violence or threat of violence on board of an aircraft that may endanger the safety of the flight is a serious offence punishable by up to 7 years imprisonment.
• Under the Aeronautics Act, Section 7.41(1) it is considered as a dangerous conduct with the maximum fine up to CAD 100,000 and/or up to 5 years imprisonment.
For example: Threats to the crew, physical violence, or actions that may jeopardize the safety of the aircraft (e.g. attempting to open a door during flight).
‼Consequences for immigration status in Canada:
Students/foreign workers will get the automatic cancellation of their status and are subject to the self-deportation.
Permanent residence holders will get their PR revoked if the prison term imposed by the judge is more than 6 months.
2.Causing a Disturbance
Section 175(1) of the Criminal Code of Canada: causing a disorder in a public place (including an aircraft) by shouting, swearing, fighting, using offensive language or other inappropriate behavior.
Consequences: a fine of up to 5,000 CAD, imprisonment for up to 2 years minus one day; the court may also impose a suspended sentence (probation) or order compensation to be paid to the airline for damages caused (for example, for an emergency landing).
For example: Shouting, swearing, insulting passengers or crew, if it does not threaten the safety of the flight.
Consequences for immigration status in Canada:
Students/workers: cancellation of the status if given conditional.
PR holders: will get by with a fine.
3. Violation of the crew instructions or unruly behavior
• The Aeronautics Act regulates the behavior of passengers, including failure to follow the crew instructions. Disobeying instructions or unruly behavior can be classified as an offence with a fine of up to 100,000 and up to 5 years imprisonment.
Examples: Smoking in the airplane toilet, disobeying the crew orders, aggressive behavior under the influence of alcohol.
Real-life stories from Canada
• In 2014, a passenger who caused a disturbance on an Air Transat flight was fined CAD 2,000 and ordered to pay CAD 13,875 in compensation for an emergency landing.
• A family from Nova Scotia who smoked in an airplane toilet and caused a disturbance induced an emergency landing, costing Sunwing CAD 40,000.
Two CEOs from the company Research in Motion who caused a disturbance on an Air Canada flight received suspended sentences, fines, and paid a compensation of about 10,528 CAD each.
An interesting fact:
According to international conventions (for example, the Tokyo Convention and the Montreal Protocol), the laws of the country of the aircraft's registration apply regardless of where the incident occurred. If the aircraft is registered in Canada, Canadian laws apply even outside the country's airspace.
• The Montreal Protocol (2014) also allows airlines to recover damages from violators and extends jurisdiction to the country of the flight's destination.
‼A reminder, once again! There is a difference between charged and convicted! Charges are always at the maximum, but convictions take place after a thorough review of all the evidence in court.
Charges ALSO need to be declared in any applications for an immigration status and PR.
Oleksandra Melnykova, Canadian Immigration and Refugee Consultant.
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