The proposed updates to Canada’s air passenger bill of rights, which were pledged by the federal government over two years ago, are still pending implementation. This delay may come as unwelcome news for Canadian air travelers experiencing delays of their own. Despite the promise made in the 2023 budget to enhance the air passenger protection regulations (APPR), the finalization of these changes is yet to be completed, with uncertainty surrounding when the updated regulations will be approved for implementation.
The Canadian Transportation Agency (CTA), responsible for enforcing the APPR, introduced a new set of regulations a year ago following the budget announcement. Consultations on these proposals concluded in March, and now the CTA awaits cabinet approval before the regulations can be enforced. Transport Minister Steven MacKinnon recently expressed his discontent with the current operational state of the system but did not provide clarity on the status of the updated proposals.
The initial version of the APPR came into effect in 2019, obliging airlines to compensate passengers for delays or cancellations within their control. However, the CTA has been inundated with a backlog of 88,000 complaints from passengers alleging unfair denial of compensation by airlines. Among those affected is Gerald Van De Ven from Qualicum Beach, B.C., who has been awaiting resolution of his complaint since April 2023 after his return flight was canceled, incurring additional expenses for his family.
The revised regulations aim to prevent airlines from easily rejecting compensation claims for flight disruptions unless they can demonstrate “exceptional circumstances” leading to delays or cancellations. These exceptional circumstances encompass security threats, unlawful acts, environmental disasters, or disruptive passenger behavior. The government’s prolonged delay in implementing these updates has drawn criticism from Ian Jack of the Canadian Automobile Association, who advocates for swifter action to benefit air travelers.
Efforts to expedite complaint resolution processes at the CTA have been noted, but the agency continues to grapple with a high influx of new complaints annually. The government allocated $75.9 million in 2023 to address the CTA’s backlog, yet concerns loom as the funding is set to expire in March. While progress has been made in compensating passengers through the complaints process, some cases have resulted in airlines challenging CTA rulings in court.
Opposition voices, including Conservative transport critic Dan Albas, have criticized the government for its handling of the air passenger rights issue, suggesting a need for a reevaluation of the current system. Albas emphasized the importance of acknowledging the problem and taking decisive action, highlighting the need for a more robust approach to address the backlog and improve the passenger experience.