Canadian Passenger Rights


Recommended Posts

Government of Canada takes major step to provide Canadians with new air passenger protection rights Français

transport-canada-EN_56588.jpg?w=200


News provided by

Transport Canada

11:10 ET

Share this article

    •  
    •  
    •  
    •  
    •  
    •  
    •  

OTTAWA, Dec. 17, 2018 /CNW/ - The Honourable Marc Garneau, Minister of Transport, today announced that the Government of Canada is one step closer to providing Canadians with important new air passenger protection rights. The Canadian Transportation Agency's proposed air passenger protection regulations will be published in the Canada Gazette Part I on December 22, 2018, for a final 60-day public comment period.

The Transportation Modernization Act mandated the Agency to develop regulations for air travellers that would be clear, consistent, transparent and fair. After months of public and stakeholder consultations, Canadians will have an opportunity to review the proposed regulations and have their say. 

As of December 22, Canadians are also welcome to visit Canada Gazette Part I to comment on Transport Canada's proposed regulations on the collection of air travel performance data from air service providers. This data will be collected in areas such as on-time performance and security wait times, from service providers including airport authorities, the Canadian Air Transport Security Authority (CATSA) and NAV Canada. It will provide a comprehensive picture of the air travel experience to allow the Government of Canada to evaluate the effectiveness of the new air passenger protection regulations.

Quote

"Our government is pleased with the progress made in strengthening air passenger rights for Canadians, and that Canadians have had – and continue to have – a chance to shape these rules. An airline ticket is a contract for service, and it imposes obligations on both the airline and on the traveller. Once finalized, these regulations will create a more predictable and balanced approach that will benefit both."

The Honourable Marc Garneau                                       
Minister of Transport

Link to post
Share on other sites
  • Replies 104
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

For Air Canada Today NO..... YES....   Called AC Res yesterday...was on hold 43 minutes.....Explained my problem to agent .........within 5 minutes I had two .pdf files in my email advi

I listened on the radio this afternoon to people complain about this. They had the opportunity on the screen in front of them to protect themselves in the event something like this happened... fu

Yes, I see your point but it's not quite as simple as the airline just cancelled the one flight that a particular person was booked on and refuses to refund. Think of a very simple example; a per

Posted Images

 

Improved air passenger rights a big step closer, CAA says

 
‎Today, ‎December ‎17, ‎2018, ‏‎13 minutes ago | Peter Muir

Provided by Canadian Automobile Association/CNW

Canadian_Automobile_Association_Improved

OTTAWA, Dec. 17, 2018 /CNW/ – Canadian air travellers faced with long delays, bumping or lost luggage will have better rights and access to compensation under a new system announced today, says the Canadian Automobile Association (CAA), one of Canada’s largest leisure travel agencies.

The federal initiative will set industry-wide standards for passenger treatment, mandate set payouts for long delays, and require airlines to inform travellers in clear, plain language what their rights are. Among other new rights, airlines will have to seat children near or beside their parents at no additional charge.

“With the draft regulations announced today, Canadian air passengers are finally close to having the same kind of rights that U.S. and European travellers have had for many years,” said Jeff Walker, CAA chief strategy officer. “Gone will be the days when passengers stood at a counter, faced with bad news, and had no idea what their rights were or what they could ask for.”

Yet, at the same time, the proposed rules will in most cases require travellers to file a complaint with an airline in order to get compensation, even when it is obvious a plane was many hours late. In addition, there will be no compensation if a problem is caused by “mechanical issues” – the definition of which is not clear.

“The proposed system is not perfect, and we’ll be making that point as we continue to advocate for travellers,” Walker said. “But after three years of talking and consultations, the time to get a package in place is now, so Canadians can be confident that they will be treated more fairly by this summer’s travel season.”

Following a mandatory 60-day comment period, the government has said it will have the rules in place by July 1, 2019. Almost 90 per cent of Canadians are in favour of enhanced air passenger rights, according to CAA polling.

About CAA
CAA is a federation of eight Clubs providing over six million Members with exceptional emergency roadside service, complete automotive and travel services, Member savings and comprehensive insurance services. CAA also advocates on issues of concern to its Members, including road safety, the environment, mobility, infrastructure and consumer protection.

SOURCE Canadian Automobile Association

 

Proposed Air Passenger Protection Regulations to be published in Part I of the Canada Gazette

 
‎Today, ‎December ‎17, ‎2018, ‏‎15 minutes ago | Peter Muir

Provided by Canadian Transportation Agency/CNW

GATINEAU, QC, Dec. 17, 2018 /CNW/ – The Canadian Transportation Agency (CTA) today announced that proposed Air Passenger Protection Regulations will be published in Part I of the Canada Gazette on December 22, 2018 for public review and comment. The regulations are being made by the CTA under the Canada Transportation Act, as amended by the Transportation Modernization Act on May 23, 2018.

The CTA consulted broadly for three months with the travelling public, consumer rights groups, the airline industry, and other interested parties through a variety of channels, including public sessions across the country, on-line questionnaires, surveys of passengers in airports, face-to-face meetings with key experts and stakeholders, and the receipt of written submissions and comments. The CTA considered all input received as it developed the draft regulations that will be published on December 22.

Once in force, the regulations will establish airline’s minimum obligations toward passengers – including standards of treatment and in some circumstances, minimum compensation – for flights to, from and within Canada. Highlights of the proposed regulations include:

  • A requirement that airlines communicate in a simple, clear way with passengers regarding their rights and recourses, and provide the reasons for flight delays and cancellations;
  • The obligation for airlines to provide passengers with food, drink, and accommodation when their flights are delayed;
  • Compensation of up to $1,000 for flight delays and cancellations within an airline’s control that are not safety-related;
  • Compensation of up to $2,400 if a passenger is denied boarding because an airline has over-booked the flight or because of other actions within an airline’s control;
  • Rebooking and refund entitlements when flights are delayed, including, in some cases, the obligation for an airline to use a competing airline to get passengers to their destination;
  • A requirement that passengers be allowed to leave the airplane, when it’s safe to do so, if a tarmac delay lasts for over three hours and there’s no prospect of an imminent take-off;
  • A requirement that airlines facilitate the seating of children under 14 years in close proximity to an accompanying adult, at no extra charge;
  • Compensation for lost or damaged baggage, including a refund of any baggage fees;
  • Clarity on the policies that airlines must establish regarding the transportation of musical instruments; and
  • Administrative monetary penalties of up to $25,000 for airlines’ non-compliance with their obligations under these regulations.

How to Comment
The complete text of the regulations will be available on December 22 in Part I of the Canada Gazette. Comments can be submitted to consultations@otc-cta.gc.ca until February 20, 2019.

For more information on the proposed passenger regulations and how they would ensure clarity, consistency, fairness, and transparency, refer to the CTA’s Air Passenger Protection Regulations Web page and the backgrounder.

Quote
“We know how much interest there is among Canadians in air travel issues. During our May-August consultation process, we had approximately 31,000 visits to our consultation website, met with hundreds of people from across the country, and received thousands of submissions, comments, and completed questionnaires and surveys. All this input has shaped the proposed Air Passenger Protection Regulations.  We’re committed to finalizing a set of minimum airline obligations that are clear, fair, and balanced as soon as possible – and we look forward to getting a last round of feedback from Canadians over the next two months.”

Scott Streiner, Chair and CEO of the Canadian Transportation Agency

Background
In May 2018, the Transportation Modernization Act amended the Canada Transportation Act to require the CTA to make regulations defining airline obligations toward passengers. The proposed regulations are being made in line with the amended Act and reflect extensive consultations.

At the same time, the CTA will also be publishing its proposed regulatory amendments pertaining to the Air Transportation Regulations (ATR)in Part I of the Canada GazetteCanadians will have until February 20, 2019 to comment on the proposed amendments.

Next Steps
The CTA will review all comments received following the pre-publication of the proposed regulations in Part I of the Canada Gazette and may propose adjustments based on this feedback. Once approved, the final regulations will be published in Part II of the Canada Gazette. The regulations are expected to come into force in summer 2019.

About the Agency  
The Canadian Transportation Agency is an independent, quasi-judicial tribunal and regulator that has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court. The CTA has three core mandates: helping to keep the national transportation system running efficiently and smoothly, protecting the fundamental right of persons with disabilities to accessible transportation services, and providing consumer protection for air passengers. To help advance these mandates, the CTA makes and enforces ground rules that establish the rights and responsibilities of transportation service providers and users and level the playing field among competitors, resolves disputes using a range of tools from facilitation and mediation to arbitration and adjudication, and ensures that transportation providers and users are aware of their rights and responsibilities and how the CTA can help them. 

Follow us: Twitter / YouTube

SOURCE Canadian Transportation Agency

Link to post
Share on other sites

Bumped travellers to be compensated under proposed air passenger rights rules

Compensation would range from $125 for a short delay to $2,400 if a passenger is denied boarding.

 

Large airlines could be forced to pay up to $2,400 per passenger bumped from overbooked flights and forced to endure long delays, under the federal government’s proposed air passenger protection regulations.

The Canadian Transportation Agency on Monday released an outline of the rules it developed after Parliament passed the Transportation Modernization Act in May. The bill followed several high-profile incidents of passenger mistreatment, including the notorious removal of a doctor from an overbooked United Airlines Inc. flight that sent the company’s stock plummeting.

Despite pushback from the airline industry, the proposed regulations would impose minimum levels of compensation for delays within an airline’s control, such as commercial overbooking or scheduled maintenance. Air Canada and WestJet have argued that higher compensation levels will increase costs and could force them to raise fares.

 

https://business.financialpost.com/transportation/bumped-travellers-to-be-compensated-under-proposed-air-passenger-rights-rules

 

Link to post
Share on other sites
  • 1 year later...

Not unexpected...

Letter Decision No. LET-C-A-12-2020

February 24, 2020
 

Application by multiple applicants against Air Canada, WestJet, Air Transat A.T. Inc., United Airlines, Inc., Sunwing Airlines Inc. and Swoop Inc.

 
Case number: 
20-01590
 

This Decision is further to the Canadian Transportation Agency’s (Agency) e-mailed message of February 13, 2020, to Air Canada and WestJet, in which it communicated its decision to join 11 applications submitted by air passengers involving 9 flights, open an inquiry into those applications, and appoint the Agency’s Chief Compliance Officer as Inquiry Officer.

The purposes of this proceeding are to look into allegations made on communications-related issues in multiple complaints in an efficient manner, and to ensure that the communications-related requirements of the Air Passenger Protection Regulations, SOR/2019-150 (APPR) are clear for both passengers and air carriers.

Joinder of additional applications

The Agency has conducted a comprehensive review of all applications filed between December 15, 2019—the date on which the full APPR came into force—and February 13, 2020, alleging that air carriers failed to accurately communicate the reasons for flight delays or cancellations that occurred on or after December 15, 2019, as required by the APPR. This review has revealed that the Agency received 3,037 such applications during this period.

The Agency has concluded that this is too large a number of complaints to be examined in a single proceeding, with the Agency’s existing resources. Instead, the Agency has determined that an additional 559 applications, listed in Appendix, which includes 78 new flights, and a total of 6 air carriers, should be added at this stage to this proceeding. The applications have been selected based on the issues raised, the number of complaints per carrier, and the number of complaints per flight.

Joining these applications will broaden the evidentiary record of the proceeding and provide an efficient and effective process to resolve them. It will also assist the Agency in providing any required interpretive guidance to passengers and air carriers regarding the requirements of the APPR.

Accordingly, the applications listed in Appendix are hereby joined to this proceeding pursuant to subsection 5(2) and section 39 of the Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings), SOR/2014-104 (Dispute Adjudication Rules), and will be included in the inquiry. Copies of the applications will be provided to the air carriers in a separate communication.

The remaining applications in which communications-related allegations are made for the December 15, 2019, to February 13, 2020, period will be considered at a later date. Some or all may eventually be joined to this proceeding, or resolved through separate processes.

The pleadings process

The Dispute Adjudication Rules set out the process to be followed during adjudication.

In the circumstances of this case, it is appropriate that the normal pleadings process in an adjudication outlined in the Dispute Adjudication Rules be suspended for the period during which the Inquiry Officer is conducting his investigation and preparing his report to the Panel assigned to adjudicate the case. Therefore, pursuant to subsection 5(2) and section 6 of the Dispute Adjudication Rules, the assessment of the applications for completeness and the filing of the Respondents’ answers will not be required at this time. However, additional information may be sought from the applicants.

The parties should anticipate being contacted by the Inquiry Officer in the coming days and weeks.

Important information

Personal and confidential information

The Agency is required to make any submissions or documents filed during adjudication available on the public record, unless a request for confidentiality has been made to and accepted by the Agency. Before submitting documents to the Agency, please remove any irrelevant personal information, such as credit card or passport numbers, that should not be included on the public record.

Note: If personal or confidential information has already been submitted and a party does not want it made public, a request for confidentiality must be filed immediately.

If you have any questions regarding how to make a request for confidentiality, or any other procedural matter, please contact the Agency’s secretariat at secretariat@otc-cta.gc.ca.

For more information

To learn more about the personal information submitted to the Agency during adjudication, refer to the Agency’s Public Record Advisory Notice.

 

 

Member(s)

Link to post
Share on other sites
  • 2 weeks later...

complaint numbers will continue to increase so long as there is finncial gain to be had by the complainant.

It's really no ones business why a flight was delayed except that it was and it is either compensatory or non-compensatory.

 

Link to post
Share on other sites

OK Air Canada....if you are listening 

 

Today the Federal government advised Canadians NOT to go on cruises.

All major Cruise lines have responded this week in offering to give FULL credit towards a future cruise.

So far AC has offered SFA to people caught in the cross fire.

 

Link to post
Share on other sites
13 hours ago, Jaydee said:

OK Air Canada....if you are listening 

 

Today the Federal government advised Canadians NOT to go on cruises.

All major Cruise lines have responded this week in offering to give FULL credit towards a future cruise.

So far AC has offered SFA to people caught in the cross fire.

 

Not true at all.  A cursory glance at the AC website indicates this.

Link to post
Share on other sites
1 hour ago, Homerun said:

Not true at all.  A cursory glance at the AC website indicates this.

Unfortunately I am like most Canadians that planned ahead and  booked and paid for a ticket before these dates. As I read it this exemption doesn’t apply.

 

_’What are the travel dates to which the one-time change fee waiver applies?

A one-time change fee waiver will apply to tickets purchased between March 4 and March 31, 2020 for travel within 12 months of the issue date on your original ticket, provided changes are made at least 14 days before your departing flight. Kindly note that any fare difference will apply.

What are the purchase dates to which the one-time change fee waiver applies?
A one-time change fee waiver will apply to tickets purchased between March 4 and March 31, 2020 for travel within 12 months of the issue date on your original ticket, provided changes are made at least 14 days before travel. Kindly note that any fare difference will apply.

 

And then there’s this rather large fly in the ointment...

The vast majority of cruises leave from Florida and the US is not a country covered by cancellations, meanwhile the Feds put out a blanket warning to avoid cruise boats entirely. Because of this “official” warning some insurance companies are saying your medical coverage may not apply.

 

“ Dear Pionairs Member,

As you know, the coronavirus is becoming more widespread. Johnson is keeping a close eye on this situation for our customers, as it may impact their travel insurance coverage.

MEDOC® travel insurance includes both medical coverage, and trip cancellation/interruption coverage. The latter reimburses customers for non-refundable deposits on pre-paid travel arrangements and cancellation penalties that a transportation carrier may charge.

Travel advisories issued by the Government of Canada can trigger changes in travel insurance coverage. Once a location receives an advisory stating “Avoid all travel” or “Avoid non-essential travel,” limitations are placed on coverages. Trips booked after this point will not be eligible for medical coverage or trip cancellation/interruption coverage. However, trips booked prior to these advisories are often eligible for trip cancellation/interruption benefits. We encourage our customers to check their travel insurance to verify their coverage.”

 

Canadians have been backed into a “damned if you do, damned if you don’t “ scenario and from what I read both AC & WJ will be the benefactors in all this.

Is there another reference somewhere I missed? I am all ears.

Edited by Jaydee
Link to post
Share on other sites

Hmmmm.  What are YOU going to do for ME?  That is a pretty Liberal Statement for a devout Conservative.

I believe the Conservative answer would be Thanks for the cash, you are on your own.

 

  • Haha 2
Link to post
Share on other sites
3 hours ago, boestar said:

Hmmmm.  What are YOU going to do for ME?  That is a pretty Liberal Statement for a devout Conservative.

I believe the Conservative answer would be Thanks for the cash, you are on your own.

 

So what you're saying is if WJ or AC stop flying somewhere because of COVID-19 that they have no obligation to refund the ticket price to people that booked before March 4th?

Too bad so sad, you pays a you money you take a you chances? 🙄

 

 

Link to post
Share on other sites
Quote

Air Canada is suspending flights to and from Italy, saying the decision was prompted by Italian regulations and “ongoing health and safety concerns” related to the outbreak of a novel coronavirus.The airline’s last flight to Rome is scheduled to take off from Toronto Tuesday, with the final return flight departing Rome for Montreal on Wednesday.

Air Canada says it to restart service May 1. Meanwhile, it says affected customers will be notified and offered full refunds.

 

Link to post
Share on other sites
1 hour ago, Maverick said:

Too bad so sad, you pays a you money you take a you chances? 🙄

 

 

I read that in an Italian accent!  Oh, and AC has canceled flights to Rome...

Link to post
Share on other sites

I listened on the radio this afternoon to people complain about this.

They had the opportunity on the screen in front of them to protect themselves in the event something like this happened... fully refundable fares were presented to them, along with other options with no cost or low cost changes right up to the point of departure. Of course they could have bought travel insurance... When people buy tickets and their plans have to change, whether or not it's their "fault", that's just the way it goes... 

Should have paid the extra few bucks and got the fare that covered changes.

First world problems... too bad, no vacation, and they have to eat the price of a plane ticket. Life goes on, good thing you're not quarantined in a collapsing hotel.

  • Like 3
Link to post
Share on other sites
15 hours ago, Maverick said:

So what you're saying is if WJ or AC stop flying somewhere because of COVID-19 that they have no obligation to refund the ticket price to people that booked before March 4th?

Too bad so sad, you pays a you money you take a you chances? 🙄

 

 

My point was what was stated and how.  it could have been toilet paper for all I care. 

 

Link to post
Share on other sites

Wow....maybe AC actually does read this forum !! Well Done !

 

“ The airline announced Wednesday that it will relax some of its rebooking fees and rules.

Customers with existing bookings to any destination before Apr. 30 can make a one-time change to their flights for free. Passengers can either re-book their tickets or cancel their bookings to receive credit for future travel. In both cases, passengers must pay the fare difference and travel before Dec. 31.”

 

https://business.financialpost.com/transportation/airlines/air-canada-relaxes-rebooking-fees-cancels-order-for-11-boeing-737-max-aircraft?utm_medium=Social&utm_source=Facebook#Echobox=1583953805

 

Link to post
Share on other sites
57 minutes ago, J.O. said:

I heard that a week ago. AC and WS announced it the same day.

What they announced last week was very limited in destination and timeline for ticket purchases.  This announcement opens it up to all flights purchased & booked prior to Mar 4th

Link to post
Share on other sites
13 hours ago, Jaydee said:

What they announced last week was very limited in destination and timeline for ticket purchases.  This announcement opens it up to all flights purchased & booked prior to Mar 4th

That was because the WHO list of affected countries was quite limited at the time.  It has now spread so it applies to just about everywhere.

Oddly we were in Cuba nad it was not on the list and now a relative that was travelling with us is being tested today due to a respiratory infection.  We are all now self quarantined.

 

Link to post
Share on other sites

Our cruise was cancelled, full refund and 25% off any future cruise, airfares refunded through travel agent.

Paid for seat selection on our own and now AC is not answering their phones.

Link to post
Share on other sites
6 hours ago, mo32a said:

Paid for seat selection on our own and now AC is not answering their phones.

That's a little passive-aggressive.  You think they're using their call-display to screen out your calls or think maybe they're swamped?

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.