The head of the National Airlines Council of Canada says the federal government’s proposed new rules on responses to flight disruptions “fall short” of addressing concerns made by various groups including provinces, unions, airports and airlines.
Jeff Morrison, president and CEO of the council, said “significant concerns” were raised by the different groups during consultations by the Canadian Transportation Agency (CTA) in 2023, with issues around regional connectivity, cost of air travel and ability to meet regulatory requirements all raised to officials.
“The proposed regulations fall short of addressing these concerns, as they provide for requirements that are costly, burdensome and do not take into consideration the complex operational reality of airlines,” Morrison said in a statement on Monday.
“If adopted, they would impact affordability and connectivity for Canadians.”
On Saturday, the CTA put out their proposed new rules on airlines’ obligations to travellers whose flights are disrupted, even when the delays or cancellations are caused by an “exceptional circumstance” outside the carriers’ control.
If adopted, the amendments to the Air Passenger Protection Regulations would require air carriers to provide meals to passengers whose flights are delayed at least two hours, and overnight accommodation if necessary.
Refunds would also have to be provided within 15 days, down from the current 30-day requirement, if a passenger prefers to be reimbursed rather than rebooked when their flight is cancelled, delayed at least three hours, or they’re bumped from the flight.
Under the current federal rules, passengers must be compensated with up to $2,400 if they were denied boarding because a trip was overbooked, with delays and other payments for cancelled flights warranting compensation of up to $1,000.
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The “exceptional circumstances” noted by the CTA include security threats, unscheduled airport closures, bird strikes, weather or aircraft damage that could affect flight safety, among other examples.
However, under the new rules, airlines are generally not required to provide compensation for inconveniences to passengers in situations involving those circumstances, but sets out examples where the carriers must still do so despite those factors.
The reforms put forward, according to Transport Minister Anita Anand, look to simplify the rules for both travellers and air carriers.
“The proposed amendments eliminate grey zones and ambiguity about when passengers are owed compensation, which will ensure quicker resolutions for passengers,” she said in a statement.
Canada’s passenger rights charter, in place since 2019, previously divided flight disruptions into three categories — those caused by factors within the carriers control, disruptions within their control but required for safety purposes, and those outside the airline’s control.
Only the first category allowed for compensation, but the CTA said the system was too complex and led to “varied and differing interpretations” by passengers and carriers.
Morrison went on in his statement to defend actions taken by airlines already, saying they had improved air travel performance and delivered more efficient and predictable service.
“Canada’s airlines strongly believe the federal government needs to focus its efforts on improving the competitiveness of the overall air travel system and its affordability, and will not add costs to the system,” he said.
He added this should include reforming the CTA claims adjudication process to reduce the “existing backlog” and reviewing all federal fees and charges.
The proposed changes are now open to a 75-day feedback period.
—with files from The Canadian Press
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