The federal government has proposed new measures dealing with air passenger rights and how passengers are compensated for cancelled flights or flight disruptions, among others.
Canada’s Air Passenger Protection Regulations (APPR) originally came into effect in 2019. However, there has been a high number of complaints to the Canadian Transportation Agency (CTA), with 150,000 complaints filed since the APPR came into effect.
Proposed changes have recently been made public by the CTA in a government publication. It says the changes are a response to modifications to the Budget Implementation Act in 2023, which included a move to clarify, simplify, and strengthen air passenger protections, according to the article published Dec. 21.
The protections proposed include refunds to passengers being offered within 15 days instead of the current 30 days. Refunds will be offered when a flight is delayed by more than three hours, a flight is cancelled, a passenger is bumped from a flight, or someone misses a connecting flight as a result of a delay.
Airlines would be responsible for providing meals to passengers if flights are delayed more than two hours, and overnight accommodation if needed.
Passengers who are bumped from a flight or those whose flights were cancelled must be rebooked on the airline’s next available flight or one of a partner carrier, even in the case of exceptional circumstances, such as security risks, natural disasters, and an unruly passenger.
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Airlines would also be responsible for rebooking a passenger who missed a connecting flight because of an earlier flight disruption.
If a flight is cancelled or delayed at least three hours, a passenger can request a reimbursement rather than rebook on another flight. This measure also applies to passengers who have been bumped from their flight.
“The proposed amendments eliminate grey zones and ambiguity about when passengers are owed compensation, which will ensure quicker resolutions for passengers,” Minister of Transport Anita Anand said in a Dec. 21 statement.
“We will work to reach the right balance between protecting the rights of passengers and promoting a competitive air sector.”
Air carriers will need to respond within 30 days if they are denying a compensation request.
“When denying a claim, an air carrier would be obligated to provide a clear and detailed explanation of the reasons for the denial, setting out the relevant terms and conditions of carriage, fare and fare rule and, a copy of, or electronic access to, the applicable tariff,” the publication said.
Other changes include requiring passengers under 14 years of age to be seated next to a parent or guardian.
The proposal also requires the CTA to establish a list of fees or charges for airlines to cover the costs of handling customer complaints. The list will be published on the CTA website once it has been developed.
The 2019 passenger rights charter had divided flight disruptions into three categories, including those caused by factors in the airlines’ control, those within the airlines’ control but are for safety purposes, and those outside of the carriers’ control. Passengers were only required to be compensated for the first category.
Airlines who violate the regulations could face a fine up to $250,000. That is up from the current $25,000.
CTA said that it anticipates the changes will cost airlines about 99 cents per passenger flight each year or about $512 million over 10 years.
The proposed changes have been given a 75-day consultation period, which will end on March 6.
The Canadian Press contributed to this report.
