Revisions to the air passenger bill of rights remain delayed more than two years after the federal government pledged changes, which could be frustrating for Canadian air travelers encountering their own delays.
Despite the commitment to enhance the air passenger protection regulations (APPR) in the 2023 budget, the government has yet to finalize the new amendments, leaving uncertainty on when the updated regulations will be implemented.
Following the budget announcement, the Canadian Transportation Agency (CTA), the independent regulatory body overseeing the enforcement of the APPR, put forth a fresh set of regulations a year ago and concluded consultations on those proposals in March.
Prior to enforcement, the CTA must submit the regulations to the cabinet for approval.
When questioned recently, Transport Minister Steven MacKinnon did not confirm if the updated proposals are still under review by the agency or have been forwarded to the cabinet. However, he expressed dissatisfaction with the current operational state of the system.
“I am not satisfied with the current situation, and we aim to enhance it for the benefit of Canadians,” he stated during a news briefing.
CBC News has reached out to MacKinnon’s office for clarification on the status of the regulations.
The initial version of the APPR was put into effect in 2019, requiring airlines to compensate passengers for delays or cancellations within their control.
However, the CTA has been inundated with a large number of complaints from passengers alleging airlines are unjustly rejecting their compensation claims. Currently, there are 88,000 unresolved complaints with the agency.
Gerald Van De Ven from Qualicum Beach, B.C., has been awaiting a resolution to his complaint since April 2023.
“There is no way to get answers. I have sent emails, and all I get is a brief response saying, ‘You’re still in the queue.’ It has been incredibly frustrating. I have never experienced anything like this before,” he shared with CBC News.
“It does not instill much confidence in the systems meant to assist us.”
Van De Ven’s return flight from a family trip was canceled and rescheduled for the next day, resulting in additional expenses for an extra hotel night and meals. Despite Van De Ven claiming that the airline was entirely at fault, WestJet rejected his compensation request. He escalated the issue to the CTA and is still awaiting a decision.
“As a consumer, why am I the one responsible for holding the airline accountable for their mistakes? It should happen automatically, and much sooner than three years later,” Van De Ven remarked.
Increased Accountability for Airlines
The updated regulations aim to make it more challenging for airlines to deny passenger compensation in cases of flight delays or cancellations.
Under the proposed changes, airlines would be obligated to compensate passengers for flight disruptions unless they can demonstrate that “exceptional circumstances” were the cause of the delay or cancellation. Such circumstances could include security threats, unlawful acts, environmental disasters, or disruptive passenger behavior.
Ian Jack, a spokesperson for the