Airlines’ use of loopholes ‘left government no choice’ but to beef up passenger rights: minister

MONTREAL –

Transport Minister Omar Alghabra says airways’ use of loopholes round traveller compensation “left government no choice” however to strengthen passenger rights guidelines.

Amid a large complaints backlog, Alghabra stated Monday the COVID-19 pandemic and journey chaos over the previous 12 months uncovered gaps within the Liberals’ passenger rights constitution. Carriers steadily cited security as the explanation for last-minute cancellations and delays, relieving them of their obligation to pay compensation to clients, he stated.

At a news convention in Ottawa, the federal minister laid out reforms that put the onus on airways to point out a flight disruption is brought on by security issues or causes outdoors their management.

“This means there will be no more loopholes where airlines can claim a disruption is caused by something outside of their control for a security reason when it’s not. And it will no longer be the passenger who will have to prove that he or she is entitled to compensation. It will now be the airline that will need to prove that it does not have to pay for it,” he stated.

“I really think airlines left government no choice, after what we saw, to further clarify the rules and make sure that passenger rights are protected.”

Currently, a passenger is entitled to between $125 and $1,000 in compensation for a three-hour-plus delay or a cancellation made inside 14 days of the scheduled departure — except the disruption stems from occasions outdoors the airline’s management, resembling climate, or a security difficulty resembling mechanical issues. The quantity varies relying on the dimensions of the service and size of the delay.

Tabled within the House of Commons as a part of a price range implementation invoice Thursday, the amendments additionally ratchet up the utmost penalty for airline violations to $250,000 — a tenfold enhance — and put the regulatory price of complaints on carriers. In idea, the measure offers airways an incentive to brush up their service and thus cut back the variety of grievances towards them.

The laws additional calls for that airways institute a course of to cope with claims and reply to complaints with a call inside 30 days. The institution of “complaint resolution officers” on the Canadian Transportation Agency also needs to expedite the method for complaints, as ought to a 60-day most for the regulator to deal with them, some advocates say.

The complaints backlog on the company now stands at about 45,000, greater than triple the tally from a 12 months in the past and requiring a minimum of 18 months on common per case.

Alghabra instructed reporters the brand new provisions are “not meant to demonize airlines” or their workers, however stated “there may be some, mostly airlines, who claim that we are unfairly targeting them.”

The National Airlines Council of Canada, an business group representing 4 of the nation’s largest carriers, has stated the federal government ought to concentrate on different priorities resembling airport upgrades and warned that the price of more durable passenger protections may trickle right down to travellers.

NDP transport critic Taylor Bachrach stated the proposed regulation nonetheless leaves the so-called security loophole in tact and falls in need of European passenger rights requirements.

“When we look at the European model, it’s been working for over a decade. And I can’t explain why the minister hasn’t chosen to emulate that model. He’s trying to reinvent the wheel and it’s not necessary.”

This report by The Canadian Press was first printed April 24, 2023.

NDP Transportation Critic Taylor Bachrach says he’s upset by the federal government’s proposed amendments to air passengers invoice of rights. The authorities has the “backs of the big airlines” not passengers pic.twitter.com/DccnkgLPwZ

— Judy Trinh (@judyatrinh) April 24, 2023