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Canadian Passenger Bill of Rights

Posted on July 17, 2020July 17, 2020

As air travel ramps up and Canadians return to airports for both business and pleasure reasons, now seemed a good time to review the Canadian Passenger Bill of Rights that came into force in 2019.  For those of you who have not travelled recently or may not be aware of these new guidelines, passenger rights are important to understand as they impact how you can expect to be treated, especially at a time when airlines return to service after a significant financial downturn.

For full details and information about the Air Passenger Protection Regulations please check out https://otc-cta.gc.ca/eng/air-passenger-protection-regulations-highlights. This will give you a full listing of your rights including the limits of compensation you can expect and how claim them.  You can also find information about air travel disruptions due to the coronavirus at https://otc-cta.gc.ca/eng/important-information-travellers-during-covid-19, but we will discuss that more next week.

Phase one of the Bill of Rights went into effect in July 2019 with phase 2 following in December 2019.  These regulations are intended to protect travelers if their trips do not go as planned for reasons that are within the airlines control, but not related to safety, such as overbooking or delays.  In the past airlines offered vouchers or other forms of compensation.  Under the new rules the customer is entitled to monetary compensation, or if they chose an alternative compensation (such as vouchers or rebate) it must have a higher value and never expire.

Phase One of the Bill of Rights outlines a standard of treatment that passengers are entitled to if they are denied boarding or their flight is delayed such as food and drink, access to washrooms, proper ventilation, electronic communications (free WiFi), and if it extends into the night then accommodations and transportation to and from free of charge.  You are also entitled to communicate with people outside of your flight.  Also when your flight is delayed or cancelled the airline must ensure that the passenger completes their itinerary and reaches their destination, which may include booking with a competing airline, at no extra charge. Further, if your luggage is lost or damaged on domestic flights within Canada you are now entitled to up to $2,100 in compensation.

Phase 2 added details about compensation for flight disruptions and the seating of children. Please refer to the actual document linked above for the limits of compensation and requirements on how and when to file a claim. If you do plan to submit a claims please ensure you are meeting the filing deadlines.  Some of your related expenses may have to be paid out of pocket and submitted for reimbursement.  Having travel insurance that covers cancellations and delays may provide further peace of mind.

Despite this being a huge step forward for passenger rights it is not without its trials.  Last summer the airlines launched a legal action to challenge the bill stating that it exceeds the Canadian Transportation Agencies authority and violates international standards.  Until that challenge works its way through the courts however the airlines must comply.

One of the other challenges is around the issue of the airlines claiming delays are due to “unforeseen” maintenance or mechanical reasons which means they can deny compensation. Also the CTA falls short of European standards which state airlines are not held responsible only during “extraordinary circumstances”, such as snowstorms, volcanic eruptions or acts of terrorism, that are completely external to the airlines normal operations.

The onus is on the passenger to file a claim for compensation.  They have one year to make a claim and the airline has 30 days to respond either by issuing the compensation or explaining why they will not.  If there is a dispute that cannot be resolved the passenger can file a complaint with the CTA on their website.

There is no doubt that the rights of passengers need to be addressed, if not totally with this bill, then with a future amendment that suits all parties.  There is nothing more heart wrenching then to see all of your travel plans flushed away by flight delays or cancellations.  Travel insurance and mitigating some of the risks by keeping your plans flexible do help but are not an option for everyone. This is all a step in the right direction.

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— Roy M. Goodman
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