Proposed changes to Canada91裸聊视频檚 passenger rights charter will perpetuate loopholes that allow airlines to forego compensating travellers whose flights are disrupted, say airline experts.
Ottawa has proposed an update to rules surrounding airlines91裸聊视频� obligations when a flight is delayed or cancelled by designating certain factors outside a carrier91裸聊视频檚 control, such as weather that could affect flight safety, as 91裸聊视频渆xceptional circumstances.91裸聊视频�
Under the amended rules, airlines are still generally not required to provide compensation for inconveniences to passengers in situations involving such factors, though there are some exceptions.
But Air Passenger Rights advocacy group president Gabor Lukacs called the weekend announcement of the proposal 91裸聊视频渄eceptive91裸聊视频� and said that Transport Canada is actually 91裸聊视频減reserving the status quo.91裸聊视频�
He said that under the newly outlined rules, which are now open to a 75-day feedback period, around half of flight delays and more than two-thirds of cancellations would still not qualify for compensation.
Previously, Canada91裸聊视频檚 passenger rights charter 91裸聊视频� which took effect in 2019 91裸聊视频� divided flight disruptions into three categories: those caused by factors within the carrier91裸聊视频檚 control, disruptions within the carrier91裸聊视频檚 control but required for safety purposes, and those outside the airline91裸聊视频檚 control.
Passengers had only been entitled to compensation in the first of those categories.
Lukacs said the government91裸聊视频檚 amended rules merely give a new title to the latter two categories. He called it 91裸聊视频渟emantics.91裸聊视频�
91裸聊视频淭hey are just renaming the two categories when no compensation is owed as 91裸聊视频榚xceptional circumstances,91裸聊视频�91裸聊视频� he said.
The changes seem to do little to firm up when airlines will have to pay, said John Gradek, who teaches aviation management at McGill University.
91裸聊视频淣ow they call it exceptional circumstances, and now we91裸聊视频檙e going to have a debate as to how do you define exceptional circumstances. So they jump from one murky issue to another murky issue,91裸聊视频� said Gradek.
91裸聊视频淭hat doesn91裸聊视频檛 solve the problem.91裸聊视频�
He said he would have preferred to see regulators shift to the model used in the EU that puts a higher onus on the airlines and makes exemptions in the most unusual cases.
The Canadian Transportation Agency has been working to amend regulations associated with the Canada Transportation Act since the Liberal government passed legislation last year aiming to tighten rules for passenger rights.
The changes appeared to scrap a loophole through which airlines have denied customers compensation for flight delays or cancellations when they were required for safety purposes.
The reforms also put the onus on airlines to show a flight disruption is caused by safety concerns or reasons outside their control.
The draft regulations published Saturday would require carriers to provide meals to passengers whose flights are delayed at least two hours, along with overnight accommodation if necessary, even in exceptional circumstances.
Ottawa said those factors would also include security threats, unscheduled airport closures, bird strikes, or aircraft damage that could affect flight safety, among other examples.
The requirement to assist passengers in any delay over two hours gives some clarity, but is a fairly small tweak, said Gradek.
91裸聊视频淭hey91裸聊视频檙e doing what I would call baby steps to clean up the act.91裸聊视频�
If a flight has been cancelled, or if a passenger has been bumped, the proposed amendments require the air carrier to rebook a passenger on its next available flight or that of a partner airline, also in any circumstance.
Airlines also have an obligation to rebook a passenger who has missed, or is likely to miss, a connecting flight because of an earlier flight disruption on the same itinerary.
Carriers would have to provide refunds within 15 days, down from the current deadline of 30 days, if a passenger prefers to be reimbursed rather than rebooked when their flight is cancelled, delayed at least three hours, or they are bumped from the flight.
That timeline shift is meant to better align with practices in the U.S. and the European Union, the federal agency said.
However, Lukacs said those regions actually require carriers to deliver refunds within seven days.
91裸聊视频淪omehow the airlines managed to convince the government that miraculously, north of the border, apparently reindeer cannot deliver the refund in seven days,91裸聊视频� he said.
91裸聊视频淧erhaps the refunds come in a horse cart or something.91裸聊视频�
Asked why the proposed regulations aren91裸聊视频檛 going further to align with standards in other regions, the Canadian Transportation Agency said these are draft recommendations and they91裸聊视频檙e looking for feedback.
91裸聊视频淭his is not a final regulation,91裸聊视频� said Tom Oommen, director general of the analysis and outreach branch at the CTA during a media briefing.
91裸聊视频淚t is for consultation, and of course, input received during the consultation will be considered in the development of the final regulations.91裸聊视频�
He said the proposed changes were developed after consultation with the minister of transport, and he expects to see healthy input on the proposals from all stakeholders.
The regulations include a $250,000 maximum fine for airline violations, marking a tenfold increase over existing penalties.
The federal agency said it estimates the proposed amendments would cost carriers around 99 cents per passenger flight annually, or around $512 million over a 10-year period after they come into effect.
While the various changes could mean more compensation for passengers, the rules overall seem to have done little on the greater goal of actually improving airline on-time performance, said Gradek.
He noted that the latest performance metrics from November show how pitiful Canadian airlines and airports are when it comes to conducting flights on time.
91裸聊视频淭he objective of the (regulations) was to improve it. Unfortunately, experience has shown us that it hasn91裸聊视频檛 done a damn thing. In fact, it91裸聊视频檚 gotten worse.91裸聊视频�
