In their weekly progress report on reducing traveller wait times and delays across Canadian airports, federal ministers this week addressed a new theme: passenger rights.
Stating that the government continues its "action to advance the rights of travellers," its statement says:
No traveller should have to sleep on the floor of an airport or feel unsafe as a result of a flight that is delayed or cancelled. This is unacceptable.
"The Government of Canada strongly encourages Canadians to know their rights when they travel by air under the Air Passenger Protection Regulations – these rules cover compensation requirements for all flight incidents that are considered within an air carrier's control, including flights delayed or cancelled as a result of crew shortages. Through each part of their travel journey, passengers should document any incidents that occur as they may be eligible for compensation.
"Additionally, as of September 8, 2022, amendments to the Air Passenger Protection Regulations will come into force to ensure passengers are compensated for flight delays, cancellations, and other incidents that may be out of an air carrier's control. This will ensure Canadian travellers are protected in nearly every circumstance."
New Consumer Protection Rules
As Open Jaw reported, in JUN, Canada’s Minister of Transport announced new Regulations Amending the Air Passenger Protection Regulations from the Canadian Transportation Agency (CTA) to “ensure Canadians’ interests are protected when they travel by air.”
Until now, the Air Passenger Protection Regulations required refunds to be provided for flight disruptions within the control of airlines.
Beginning 08SEP, the new rules will require airlines to provide passengers with either a refund or rebooking, at the passenger’s choice, when there is a flight cancellation, or a lengthy delay, due to a situation outside the airline’s control that prevents it from ensuring that passengers complete their itinerary within a reasonable time.
They will apply to all flights to, from and within Canada, including connecting flights, taking place after the coming into force of the regulations.
The new regulatory requirements:
- Require airlines to provide a passenger affected by a cancellation or a lengthy delay due to a situation outside the airline’s control with a confirmed reservation on the next available flight that is operated by them or a partner airline, leaving within 48 hours of the departure time indicated on the passenger’s original ticket. If the airline cannot provide a confirmed reservation within this 48-hour period, it will be required to provide, at the passenger’s choice, a refund or rebooking;
- Identify what costs must be refunded (unused portion of the ticket, which includes any unused add-on services paid for);
- Identify the method to be used for refunds (same as the original payment, e.g., a return on the person’s credit card);
- Require airlines to provide a refund within 30 days.
Turning up the Heat
The federal ministers' 10AUG statement concludes:
Travellers have rights, and these must be respected by airlines and airports through each step of the travelling experience.
This week's strongly-worded public statement in support of air passenger rights and criticism of Canada's air industry comes along with news that Minister of Transport Omar Alghabra has been called to testify before the House of Commons transport committee before 19AUG to explain airport delays and flight cancellations in Canada’s major airports in recent months.
And presumably, also defend his ministry's response during what's expected to be testimony aired live on television for all Canadians to see.
