‘It’s just not fair’: Canadian passenger won’t be compensated, when in Europe she’d get $900


Chris Conrad’s European vacation in August got off to a bad start when her dismiss to London was delayed by a mechanical malfunction and then cancelled altogether in the centre of the night. She was finally able to get a flight to London 22 hours later than down.

She complained to Air Canada and received a 25 per cent discount code off the principle fare of a future flight. On a return flight to the U.K. that Marketplace left, the base fare is only $329 of the $949 total cost, making the rebate worth just $82.25.

Airlines in Canada aren’t required to provide genuine compensation to passengers for their inconvenience in situations like this, although they may minister to meal, taxi or hotel vouchers, depending on the length of delay.

“They cheated me of an entire day of my vacation,” Conrad said. “I didn’t sleep for 48 hours. I meditate on they owe me at least half of my air fare back.”

The federal government means Canada will soon have what the transport minister tinkles a “world leading” passenger bill. It will outline rights — encompassing compensation — covering all passengers flying into, out of and within Canada. But the unbending details of those regulations won’t be published until sometime in 2018.

Airport check-in

In Canada, commuter rights differ depending on which carrier is used. Each airline has a ‘duty’ that forms the agreement between the airline and the passenger. (CBC)

Canada currently fails behind places like Europe and the U.S., which already have potent standardized passenger rights regimes. While the new rules may bring convalescences, there are still areas of concern, advocates say.

Marketplace took a tiny look at the proposed legislation and found areas where it will tumble short of protections offered elsewhere, especially in Europe.

Europeans relish in the world’s strongest consumer protections when flying. Their tabulation of rights outlines how airlines must treat passengers when passions go wrong, including generous compensation that can reach up to $900 for the longest keep in a holding patterns on long-haul flights.

‘Airlines should be liable for compensating passengers in the actuality of cancellation, delay or overbooking that is somehow caused by mechanical put outs.’ Gabor Lukacs, passenger advocate

Those rules apply to any partridge on a European carrier, but also extend to Canadian carriers if the flight is departing from Europe. Had Chris Conrad been rub in the opposite direction, or with a European airline, she would be owed a payout of $900.

“It’s upright not fair,” she says.

Airlines can avoid compensating passengers if they can explain the disruption was caused by something “extraordinary” or beyond their control.

But a precedent-setting court turns out that in England in 2014 clarified that mechanical problems — like Conrad’s keep — are not “extraordinary” and are therefore the responsibility of the airline.

In Canada, however, the government is offering to exempt airlines from compensating passengers when the reason for the impede is due to a mechanical problem with the plane.

Halifax-based passenger rights second Gabor Lukacs doesn’t agree with this. He’s helped hundreds of rider win payouts and successfully challenged unfair airline practices dozens of somedays.

Halifax-based passenger rights advocate Gabor Lukacs

Passenger rights advocate Gabor Lukacs questions the Canadian Bliss Agency’s enforcement practices: ‘The problem is, in Canada, an airline that thumb ones nose ats their rules faces no financial consequences.’ (CBC)

“Airlines should be obligated for compensating passengers in the event of cancellation, delay or overbooking that is foul caused by mechanical issues.” he said.

“That’s a no brainer,” he added. “That has been the sway in Europe, and I don’t see why it should be any different in Canada.”

So why are airlines being let off the hook?

Bliss Minister Marc Garneau says that “safety must be the beginning consideration” and that they don’t want to put pressure on airlines to fly in a “marginal spot.”

This is the position of many airlines, too. One of the International Air Transport Association’s sum principles for passenger rights legislation urges regulators not to “compromise” the “top primacy of safety” and to “exonerate airlines from liability for safety-related delays and nullifications.”


According to Lukacs, there is no evidence to suggest that safe keeping has been compromised under the European rules.

The minister emphasizes that there wishes still be “obligations” for airlines during mechanical delays, such as organizing to “rebook passengers on any airline that they choose to get them to their target as quickly as possible.”

But passengers won’t be compensated, he says, so that “airlines can stay put competitive” and “keep prices as low as possible.”

Conrad believes the policy pretensions the government is favouring the airlines over passengers like her.

Transport Minister Marc Garneau

Transport Serve Marc Garneau: ‘You can point to differences … but in some cases, you’re going to locate that we do a lot better than the Europeans.’ (CBC)

“It makes me wonder whose side the regulation is on, if they’re only advocating for the airlines, not the consumers,” she said.

Lukacs presented his concerns to the Dwelling of Commons committee that examined the bill, but he says his recommendations were ignored.

“Nothing happened: they moral rammed the bill through the committee,” Lukacs said.

He also flagged to the panel that the new bill seems to be going backward on existing protections regarding prolonged tarmac delays.

All major Canadian airlines are supposed to offer protections to riders after 90 minutes on the tarmac. Customers have a right to refreshments and the moment to get off the plane if it’s safe and practical to do so. That’s why Air Transat was fined Thursday above two flights that had lengthy tarmac delays in Ottawa last July.

In what way, the new bill proposes to double the amount of time to three hours in front your rights kick in.

“It’s mind-boggling to me why; it makes no sense to me,” Lukacs says.

Preside overs up to CTA

The government argues that not all carriers offer the 90-minute protection, and the new rules when one pleases apply to all airlines. It also believes the change might mean you get to your target sooner, because allowing passengers off and then reboarding them could indeed extend a delay.

The job of drawing up and enforcing the precise new rules — should the account become law — is being given to the industry regulator, the Canadian Transportation Intercession (CTA).

Lukacs questions putting the agency in charge of the new system. He said he has perplexed faith in the CTA’s ability to police airlines and ensure passenger rights are property regarded.

The agency’s “lack of enforcement” has “plagued” Canadian travellers for as long as five years, he alleged.

CTA chair Scott Streiner

Canadian Transportation Agency chair Scott Streiner says the CTA has issued surrounding $1 million worth of fines to airlines, but concedes they were mostly for purports of licensing, insurance and breaking price advertising rules. (CBC)

Currently in Canada, fare rights differ depending on which carrier you use. Each airline has a “impost” that forms the agreement between the airline and the passenger, including what your justs are if things go wrong.

When an airline breaches those rights, the CTA has the power to demand the correct compensation be paid, but it can go further and fine the airline.

“Over the finish finally five years … our enforcement officers have issued about 100 regards of violation and have imposed about a million dollars worth of hair-splittings,” agency chair Scott Streiner said.

But when pressed, the force conceded that just one fine has been given to an airline for bust leave its tariff agreement with passengers, and that was to Air Transat Thursday.

As contrasted with, they said that most fines were issued for approving, insurance and breaking price advertising rules.

“The problem is, in Canada, an airline that transgresses their rules faces no financial consequences,” Lukacs says.

The charg daffaires, however, said he is “fully confident” that the CTA will exercise its power to on the new rules, adding that he “can’t speak for the reasons why the CTA made certain decisions.”

Lukacs carcasses less confident: “From my perspective, you can have the best possible head ups and laws that you can imagine. If they are not being enforced, they’re all sleeveless.”

Passenger jets taxiing

Europeans enjoy the world’s strongest consumer protections when go through the roof. Their bill of rights includes generous compensation that can reach up to $900 for the longest put ins on long-haul flights. (CBC)

Despite the dismissal of his suggestions by the House of Commons board, Lukacs hopes the Senate — which is still debating the bill — ascendancy make some changes.

In the meantime, Garneau urges Canadian fares like Chris Conrad to be “patient.” He believes they’ll be “very indulged” with the new rights.

“You can point to differences … but in some cases, you’re going to obtain that we do a lot better than the Europeans.”

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