Canadian Transportation Agency Finishes Critical Flight Delay Hearings

Canadian consumers and airline passengers want clear, concise communication during flight delays and fair compensation says the Canadian Transportation Association. Our nation’s airlines, on the other hand, say delay rules shouldn’t be punitive and that regulations shouldn't penalize airlines for flight disruptions caused by others.

The Canadian Transportation Agency (CTA) on Tuesday released its What We Heard Report, summarizing the input it received from Canadians over three months of cross-country consultations regarding new air passenger protection rules.

The consultation process gave the travelling public, the airline industry, consumer rights groups, and other interested parties a variety of channels for providing information, ideas, and suggestions. CTA officials said the level of public and stakeholder engagement was very high, which shows the demand that consumers have for stronger protection but also the concerns of the airline industry.

The U.S. government has brought in new protection for fliers, while Europe has some of the strongest language in the world when it comes to compensation for delayed passengers. Some Canadian consumer groups and individuals have been clamouring for similar rules in Canada, which sparked the government hearings.

The CTA said there were nearly 31,000 visits to the consultation website and 4,923 online questionnaires completed during the process, with 463 written comments sent in through the website. They also received surveys from 930 randomly-selected travellers in 11 different airports, 104 formal written submissions. In all, 39 in-depth discussions were held with key stakeholders and experts, and 203 Canadians attended in-person consultation sessions in eight cities and a phone-in consultation session.

All written feedback received and transcripts of the in-person sessions are available on the CTA's Air passenger protection regulations web page. The CTA is now developing air passenger protection regulations based on the input received, as well as best practices and lessons learned in other jurisdictions.

Common points made by the public include:

Clear, concise, accurate, and regular communication from airlines is important so that passengers know their rights, particularly during flight disruptions;

Compensation for flight delays and cancellations within an airline's control should be fair, reflect losses and inconvenience, and discourage overbooking;

During tarmac delays, airlines should provide necessities such as food, water, and working lavatories and should be required to let passengers leave the plane after 3 hours (the earliest this obligation could kick in by law); and

The regulations should be developed taking into account the accessibility-related needs of persons with disabilities.

Consumer advocates generally agree that:

Communication of passenger rights must be done in simple, concise and clear language;

Compensation for delays and cancellations within the control of the airline should reflect how late the passenger arrives at their destination, with cash as the primary payment form; and

Non-compliance with the regulations must be addressed through timely, fair, and effective complaint and enforcement mechanisms.

Key themes raised by the air industry include:

There are many players and factors impacting flights, and the regulations should not penalize airlines for flight disruptions caused by others;

The regulations should not create duplicative regimes for flights from jurisdictions that already have passenger protection rules and should align with the Montreal Convention; and

The rules should not be punitive and should not hinder the ability of airlines to innovate and distinguish themselves in the marketplace.

"We thank the many Canadians who participated in the CTA's consultations on air passenger protection regulations for their valuable input,” said Scott Streiner, Chair and CEO of the Canadian Transportation Agency. “All the information and suggestions received are being carefully considered as we prepare the regulations. We're committed to ensuring that the new rules are clear, transparent, fair, and consistent – and to get them done as soon as possible."

One aviation expert who asked not to be identified told TravelPulse Canada that the consumer will pay for changes in the long run as airline prices will rise to make up for any added compensation airlines have to provide.

"The federal government contributes to thousands of delays every year by not investing in enough air traffic controllers and not investing enough in airport infrastructure. It's remarkable that the government could come up with a policy that will drive cost into the airline business when they are part of the problem."

CTA officials say the proposed regulations will be published in the Canada Gazette.