Improved rights for Canadian air travellers are coming

The Canadian Automobile Association (CAA), one of Canada’s largest leisure travel agencies, is pleased that some new air passenger rights will finally be in place this summer but is disappointed that significant parts of the new code will not come into force until the end of the year.

The federal government announced that, as of July 15, Canadians will have new rights including: compensation as high as $2,400 will be due for bumping; compensation for lost or damaged baggage; and all communications, including tickets, from an airline will have to contain clear information on passenger rights and how to claim them. The rest of the rights package, including cash compensation for delays and cancellations and the requirement that airlines seat children near their parents at no extra charge, two important aspect for travellers, will come into force nearly six months later, on December 15.

“It was over three years ago that the government committed to putting a real passenger rights regime in place, so we find this latest delay really disappointing,” said Jeff Walker, CAA chief strategy officer. The federal initiative sets industry-wide standards for passenger treatment, including payouts for delays. At the same time, the proposed rules will in most cases require travellers to file a claim with an airline in order to get compensation, even when it is obvious a plane was many hours late. “The package itself, while far from perfect, is a solid advance for consumers.” Walker added. “We will have uniform, accessible rules for all travellers instead of a patchwork of policies carriers wrote themselves, and largely keep out of sight.”

CAA has been advocating on behalf of travellers since the process started in 2015, saying Canadians deserve the same kind of system that has long been in place in the United States and the European Union. “We’ll keep watching out for Canadian air travellers,” Walker said. “What CAA will be focused on now is how well the government enforces the new package, and what kind of data they make public to allow all of us to judge how effective the regime is.”

Source: CAA news release, May 24, 2019

What you should expect in July 2019:

Airlines must inform travellers in simple, clear and concise language what their rights are on all itinerary-related documents and messaging.
Overbooking: Compensation up to $2,400 for being involuntarily bumped from a flight and no cost re-booking.
Increases to an airline’s maximum liability on domestic flights for lost or damaged baggage to match current international flight limits and the requirement to refund any baggage fees paid.
Tarmac delays: Airlines will be required to provide standard of treatment (access to toilets, heating/cooling, refreshments, etc.) beginning at the time of the delay. Airlines will also have to disembark passengers no later than 3 hours after the delay starts.

What is coming in December 2019:

Cash compensation for delays and cancellations of more than three hours within the carrier’s control.
Airlines will be required to rebook and/or refund travel that is delayed or cancelled, depending on circumstances.
Airlines will also have to facilitate seating of children under the age of 14 with their parents, at no cost.

CAA will continue to advocate on behalf of travellers for better and more clear rights. Here is what is still missing, in our view:

The proposed rules will, in most cases, require travellers to file a claim 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.
Air travel performance data which allows Canadians to judge whether the new regime is working won’t be available for a period after

If the airline does not respond to a passenger's claim accordingly, travellers are encouraged to visit the Canadian Transportation Agency at www.airpassengerprotection.ca for more information or to file a complaint.

Source: caa.ca/airtravellers

For further information, please contact:

Kristine D’Arbelles
Senior Manager, Public Affairs
CAA National
Mobile: 613-796-9404
kdarbelles@national.caa.ca