Air Canada, WestJet and Sunwing chiefs apologized in Ottawa on Thursday for their handling of canceled and delayed flights during the holiday season. For his part, Transport Minister Omar Alghabra promised to better protect travelers soon. But will that be enough?
• Also read: Holiday chaos: Sunwing, Air Canada and WestJet make their mea culpa in the parliamentary committee
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• Also read: Setbacks at airports: The minister and industry leaders will testify
• Also read: Traveler Complaints: Only $66,850 in fines for culpable carriers in nine months
“I listened to the airlines on Thursday and felt no serious desire to make things better,” said attorney Jacob Charbonneau, who helps passengers assert their claims with the airlines at Late Flight.
Public and political pressure will help Ottawa move if we trust the never again. launched last Thursday by Minister Alghabra.
But even if passenger charters are improved and passenger rights are strengthened, there is no guarantee that airlines will comply with the changes.
They are already challenging the implementation of the current Travelers Charter, Mr Charbonneau noted.
Evidence of this is that Air Canada and WestJet are currently appealing a Canadian Transportation Agency (CTA) ruling that approved two passengers who were unable to board their flight due to staff shortages.
“We may have the best regulations or improve them, but if the carriers don’t stick to them and don’t follow them, we’re no longer there,” pleads the expert on flight delays and cancellations.
- Listen to the interview with Philippe-Vincent Foisy Sylvie De Bellefeuille, lawyer, budget and legal advisor at Option consommateurs on QUB radio :
More bite
The first change to be made to Canada’s regulations would be to prevent airlines from being judges and juries, Late Flight boss believes.
“The main interested parties are currently being asked whether they should pay compensation or not. What is certain is that whoever has to decide will interpret in his favor,” he says.
A much stronger OTC frontline would also be required. “Officials were able to validate the facts and make binding decisions quickly,” argues Mr. Charbonneau.
That way, the CTA might not have to deal with 33,000 complaints about flight delays and cancellations.
The article published in our January 10, 2023 issue entitled “Air carriers are still rarely punished for their mistakes” is based on outdated data published on the Canadian Transportation Agency (CTA) website. This brings the penalties imposed on airlines in 2022-2023 to $169,750 instead of $66,850, as indicated by this website yesterday. On the other hand, the total penalties for the year 2021-2022 reached $44,250 and not $253,975 as we wrote. The OTC promises to update the data appearing on its website soon.
Travelers and their rights
European travelers will be covered in more situations, Canadians will have to report them and Americans will hand out the fines. Small comparisons between passenger rights in three jurisdictions.
CANADA:
It is the passenger’s responsibility to prove that they need to be compensated in the event of a canceled or delayed flight. He is not entitled to compensation if the airline is able to offer him a new ticket within 48 hours.
Refund refusals are also very common. “Forwarders systematically refuse, knowing that very few people will go to the OTC and wait two years,” observes Vol en tard’s Jacob Charbonneau.
More than 33,000 complaints are processed by the OTC for canceled or delayed flights without compensation.
In theory, for situations for which it is responsible, an airline must pay compensation that can reach up to $1,000.
But airlines can escape liability all too easily. In particular, this is Air Passenger Rights, one of the main organizations defending the rights of Canadian passengers, who says so.
The care of the passengers for food and accommodation does not take place automatically either.
UNITED STATES :
What sets the United States apart from others is the number of penalties it imposes on airlines.
In Canada, the total penalties imposed on airlines in 2022-2023 would be $169,750.
In 2021 alone, Air Canada was sued by US authorities, seeking $25 million in fines, for failing to timely reimburse more than 5,000 passengers during the pandemic.
The airline eventually settled out of court fivefold ($4.5 million).
However, no federal law requires airlines to pay passengers money or other compensation if their flight is delayed.
In the case of a canceled flight, an air carrier is not obliged to reimburse passengers for the value of the meals and accommodation costs incurred.
If the passenger cancels their trip due to the cancellation of their flight, they are entitled to a refund.
EUROPE:
We often hear that Canada should adopt the same passenger charter as the European Union, which supposedly protects people better.
For example, as soon as a flight is canceled or there is a delay of more than three hours, the passenger is automatically provided with accommodation and meals by the airline on the other side of the Atlantic.
As for ticket refunds, refusals are less systematic there, says Vol en tard’s Jacob Charbonneau.
But it’s not all rosy either. If people are entitled to a refund of 250 to 600 euros depending on the flight route, they have to apply for it themselves, like here in Canada.
Nevertheless, there is less room for interpretation in Europe. Airlines are responsible for delays and cancellations except in extreme circumstances such as terrorism and volcanic eruptions.
A problem with the crew, a general technical problem or a labor dispute does not exempt them from paying compensation, as is the case here, for example.
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