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17(2) and 18(1.1) of the APPR, clarifying that a passenger is entitled to promptly opt for a refund in the original form of payment in each of the following circumstances: (a) the passenger was denied boarding; (b) the passenger’s flight was cancelled; or (c) the passenger’s flight is delayed by more than three (3) hours compared to the departure time shown on the passenger’s original ticket. [...] Denied Boarding Compensation Before and Under the APPR Before the Transportation Modernization Act [TMA] and the APPR were enacted, the CTA held that: [84] Where a carrier fails to check in passengers because of the absence of personnel at the counter prior to the cut-off time for check in, the Agency is of the opinion that it is reasonable that compensation be tendered: • when passengers holding. [...] The CTA confirmed passengers’ entitlement to compensation in such situations.8 The APPR has substantially narrowed the definition of “denial of boarding” by superimposing the require- ment that the flight is actually overbooked at the time of boarding: For the purpose of these Regulations, there is a denial of boarding when a passenger is not permitted to occupy a seat on board a flight because th. [...] 17(2) and 18(1.1) of the APPR, clarifying that a passenger is entitled to promptly opt for a refund in the original form of payment in each of the following circumstances: (a) the passenger was denied boarding; (b) the passenger’s flight was cancelled; or (c) the passenger’s flight is delayed by more than three (3) hours compared to the departure time shown on the passenger’s original ticket. [...] The terms and con- ditions set out in the tariff are legally binding on the air carrier.23 The terms and conditions are subject to the statutory requirement that they must be just and reasonable.24 In 2004, some 15 years before the APPR, the CTA already formally recognized that the aforementioned legislative provisions give rise to the right to a refund for passengers whose flights were cancelled.