Minister of Transport Marc Garneau responds to a question during Question Period in the House of Commons in Ottawa, Tuesday, Nov. 3, 2020. THE CANADIAN PRESS/Adrian Wyld

Minister of Transport Marc Garneau responds to a question during Question Period in the House of Commons in Ottawa, Tuesday, Nov. 3, 2020. THE CANADIAN PRESS/Adrian Wyld

Airline watchdog ordered to develop new rules for flight cancellation refunds

At least 3.9 million passengers have been affected by cancelled flights due to COVID-19

The federal government is directing the Canadian Transportation Agency to strengthen rules that require airlines to refund passengers for cancelled flights.

In a statement Monday, Federal Transport Minister Marc Garneau said the pandemic has highlighted a gap in Canada’s protections for airline passengers, which weren’t designed to cover such lengthy delays.

“In the event of a future situation that causes similar large-scale flight cancellations, this gap needs to be closed so that travellers are treated fairly,” Garneau said.

Existing CTA rules don’t require airlines to offer refunds if they can get passengers to the destination within a reasonable time period — for example, offering a next-day flight if a snowstorm grounds planes. But passenger advocates say that doesn’t work for the indefinite delays ticket-holders currently face and are lobbying the government to mandate that airlines issue cash refunds, rather than travel vouchers, for flights that were cancelled due to COVID-19.

At least 3.9 million passengers have been affected by cancelled flights due to COVID-19, according to Gabor Lukacs, the founder of Air Passenger Rights, one of the groups advocating for airlines to issue refunds.

Scott Streiner, chair and chief executive officer of the CTA, said the agency’s goal is to have the new regulations in place by next summer.

One of the biggest details to be worked out between now and then include how long customers have to wait after a cancelled flight before they are entitled to a refund, Streiner said.

The agency is launching a public consultation between now and Jan. 28 to help determine the answer to that and other questions.

“This is a major priority for us,” Streiner said.

The new rules would apply to future cancellations only and will not be retroactive.

Garneau said the updated regulations should be “fair and reasonable” to passengers and should not impose an undue burden on airlines “that could lead to their insolvency.”

Airline passenger refunds have emerged as a point of contention between airlines and the government, which are currently negotiating the terms of an aid package for the struggling travel sector.

The federal government has said that any aid to the sector would be contingent on giving passengers full refunds for cancelled flights.

Airlines maintain that they are not legally required to issue refunds and have criticized Ottawa for its delay in issuing more assistance to the sector.

Lukacs says he warned the government in an in-person meeting and written communications in 2019 that Canada’s protections for airline passengers were weak and could be misinterpreted by airlines to avoid issuing refunds.

Air Passenger Rights’ communications with both Transport Canada and CTA cast doubt on the government’s claim that it discovered this issue as a result of the pandemic, Lukacs said.

In response to a question about whether the government was aware of regulation gaps prior to the pandemic, Transport Canada spokeswoman Allison St-Jean didn’t answer directly. “We are encouraged by recent efforts by air carriers to provide options for cancelled flights and refunds in some cases,” she said.

The CTA said it has only now received legal authority to develop regulations requiring airlines to issue refunds if a flight is cancelled for reasons beyond the airline’s control and passengers can’t complete their itinerary within a reasonable timeframe.

Stephanie Kusie, a Conservative MP and the shadow minister for transport, said in a tweet Monday afternoon that the government’s proposal fails to address the problem of outstanding passenger refunds.

Similarly, Lukacs said the new regulations wouldn’t be of any help to those passengers who have already had their flights cancelled.

“This would provide no relief to passengers who have been shortchanged,” Lukacs said. “Regardless of what they do with the regulations, the law is already that passengers are entitled to a refund.”

Jon Victor, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

AirlinesCoronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The second of two massive hydro-electric turbines headed to the Site C Dam project near Fort St. John sits in Prince Rupert ready for the Jan. 27 trek across the province. The load is so large and heavy it needs counterweights on the 120 ft transport truck and trailer (Photo: K-J Millar/The Northern View)
Second of two giant turbines and multi-vehicle convoy hit the road to Site C Dam

Massive turbine load from Prince Rupert needs one truck pulling it and two trucks to push it

Hays Creek in Prince Rupert requires more than $1.5 million to repair the creek and walls built in the 1950s and 1960s, Prince Rupert City Council heard on Jan. 25. (Photo: K-J Millar/The Northern View)
Prince Rupert City Council briefs:

More than $1.5 million needed to restore Hays Creek in Prince Rupert

Staff at Acropolis Manor, a Prince Rupert long-term health care facility in April 2020 where no cases of COVID-19 were reported until an outbreak on Jan. 19, 2021. As of Jan. 25th, 32 people associated with the residence have tested positive for the virus. (Photo: K-J Millar/The Northern View)
Staff at Acropolis Manor a Prince Rupert long term health care facility, take pride in their work place that no COVID-19 cases have been reported in the facility during the pandemic.This photo taken, April 20, from outside, looking through a window shows staff adhering to strict protocols and best practices to keep residents happy and healthy. (Photo: K-J Millar/The Northern View)
COVID-19 numbers increase at Acropolis Manor – 32 infected

Prince Rupert man concerned about temp. staff from out of region working at long-term care facility

Ken Veldman vice president, public affairs and sustainability, at Prince Port Port Authority on Jan. 21 addressed local employers in an online presentation about a new community recruitment program to attract employees to Prince Rupert. (Photo: K-J Millar/The Northern View)
New recruitment campaign to be launched in Prince Rupert

Web platform will use community collaboration to attract new employees to Prince Rupert

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

British Columbia Health Minister Adrian Dix looks on as Provincial Health Officer Dr. Bonnie Henry addresses the media during a news conference at the BC Centre of Disease Control in Vancouver B.C. (THE CANADIAN PRESS/Jonathan Hayward)
B.C. announces 485 new COVID-19 cases, fewest deaths in months

‘The actions we take may seem small, but will have a big impact to stop the virus,” urges Dr. Henry

Royal B.C. Museum conservator Megan Doxsey-Whitfield kneels next to a carved stone pillar believed to have significance as a First Nations cultural marker by local Indigenous people. The pillar was discovered on the beach at Dallas Road last summer. Museum curatorial staff have been working with Songhees and Esquimalt Nation representatives to gain a clearer picture of its use. (Photo courtesy Royal BC Museum)
Stone carving found on Victoria beach confirmed Indigenous ritual pillar

Discussion underway with the Esquimalt and Songhees about suitable final home for the artifact

Former Vancouver Giants forward Evander Kane is seen here in Game 7 of the second round of the 2009 WHL playoffs against the Spokane Chiefs (Sam Chan under Wikipedia Commons licence)
Gambling debts revealed in details of bankruptcy filing by hockey star Evander Kane

Sharks left winger and former Vancouver Giants player owes close to $30 million total

Othman “Adam” Hamdan, pictured in front of Christina Lake’s Welcome Centre, was acquitted of terrorism related charges in 2017. He has been living in Christina Lake since November 2020. Photo: Laurie Tritschler
Man acquitted on terrorism charges awaits deportation trial while living in Kootenays

Othman Ayed Hamdan said he wants to lead a normal life while he works on his upcoming book

B.C. Premier John Horgan wears a protective face mask to help prevent the spread of COVID-19 prior to being sworn in by The Honourable Janet Austin, Lieutenant Governor of British Columbia during a virtual swearing in ceremony in Victoria, Thursday, November 26, 2020. THE CANADIAN PRESS/Jonathan Hayward
Premier Horgan calls jumping COVID vaccine queue ‘un-Canadian’

Horgan says most people in B.C. are doing their best to follow current public health guidelines

Prime Minister Justin Trudeau, left, and Vancouver Mayor Kennedy Stewart share a laugh while speaking to the media before sitting down for a meeting at City Hall, in Vancouver, on Friday August 30, 2019. (THE CANADIAN PRESS/Darryl Dyck)
Vancouver mayor, Health Canada to formally discuss drug decriminalization

Kennedy Stewart says he’s encouraged by the federal health minister’s commitment to work with the city

Downtown Fernie is pictured after a snowfall.
B.C. Premier John Horgan speaks at B.C. legislature on the province’s mass vaccination plan for COVID-19, Jan. 22, 2021. (B.C. government)
COVID-19 quarantine not an option for B.C., John Horgan says

Apres-ski parties increase risk, not interprovincial travel

Most Read