Stalled Progress on Air Passenger Rights Update Leaves Canadian Travelers in Limbo
The enhancements to the air passenger bill of rights, pledged by the federal government over two years ago, remain unresolved, adding to the frustration of Canadian air travelers experiencing delays. Despite the commitment to revamp the air passenger protection regulations (APPR) in the 2023 budget, the finalized changes are still pending approval, leaving uncertainty on when the updated regulations will be implemented.
Following the budget announcement, the Canadian Transportation Agency (CTA), tasked with enforcing the APPR, introduced a new set of regulations a year ago and concluded consultations on these proposals in March. However, before these regulations can take effect, they must receive approval from the cabinet.
Transport Minister Steven MacKinnon, expressing dissatisfaction with the current process during a recent news conference, did not confirm if the updated proposals are still under review by the CTA or have been forwarded to the cabinet. The minister acknowledged the need for improvements to benefit Canadians.
The initial iteration of the APPR was enforced in 2019, requiring airlines to compensate passengers for controllable delays or cancellations. Nevertheless, the CTA is burdened by a significant backlog of 88,000 complaints from passengers alleging unfair denial of compensation by airlines.
Gerald Van De Ven, a resident of Qualicum Beach, B.C., recounted his ongoing struggle with the CTA since filing a complaint in April 2023. His return flight cancellation led to additional expenses for accommodation and meals, yet his compensation claim was rejected by WestJet. Van De Ven, still awaiting a resolution, emphasized the lack of accountability in the system.
The proposed updated regulations aim to hold airlines more accountable for compensating passengers in case of flight disruptions unless they can prove exceptional circumstances caused the incident. Critics, including Ian Jack of the Canadian Automobile Association, lament the prolonged delay in implementing these changes, affecting consumer rights in air travel.
While the CTA has expedited complaint processing since the fall of 2023, the agency continues to grapple with a high volume of new complaints annually. The government allocated $75.9 million in 2023 to address the backlog, but concerns linger over the funding’s depletion in March. Moreover, disputes between airlines and passengers over compensation have led to legal challenges, further complicating the resolution process.
The National Airlines Council of Canada expressed reservations about the proposed updates, cautioning against potential cost increases for travelers. Conservative transport critic Dan Albas criticized the government for its handling of the issue, urging a reassessment of the current approach. Albas highlighted the need for a more effective system that prioritizes passenger rights and accountability.
With mounting pressure to address the backlog and improve the air passenger rights framework, stakeholders call for decisive action to enhance the travel experience for Canadians waiting for justice and resolution.