Consumer rights advocates and the airline industry agree on one thing: there is no need to fully emulate Europe in order to better protect travellers. It’s more complicated for the rest. The responsibility of carriers to tell the truth in the event of unforeseen events remains an element of contention.
On the one hand, the airlines are criticized for providing incomplete explanations to their customers to let them know whether they are eligible for compensation under the Air Passenger Protection Regulations (RPPA). At the other end of the spectrum, it is argued that it is difficult to determine the appropriate level of information to provide.
The question occupied a good part of the discussion at a round table organized by the Institute of Air and Space Law at McGill University on Friday, which was attended by representatives of Option consommateurs, WestJet, the Association du international air transport (IATA) and the Canadian Transportation Agency (CTA) – responsible for the application of the APPR.
“It is up to the traveler to make the claim when there are unforeseen circumstances,” said Sylvie De Bellefeuille, lawyer for Option consommateurs. To do this, the passenger must rely on the information provided by the carriers. It goes without saying that they are in conflict of interest here. »
Minimum compensation in the event of delay or cancellation:
- 3 hours or more, but less than 6 hours: $400
- 6 hours or more, but less than 9 hours: $700
- 9 hours or more: $1000
(For carriers like Air Canada, Air Transat, etc.)
There are three categories of delays: situations attributable to the carrier; situations attributable to the carrier, but necessary for safety reasons; situations beyond the carrier’s control. The second category found itself at the heart of exchanges between Mme De Bellefeuille and Jared Mikoch-Gerke, director of government and regulatory relations at WestJet. Many travelers have been denied compensation over the past year because a company attributed their contingencies to safety issues – for example, mechanical breakdowns.
To change
Option consommateurs believes that this aspect of the RPPA should be better defined if it is strengthened. Following the chaotic bouts of the holiday season at airports, federal Transportation Minister Omar Alghabra recently hinted that the Travelers Charter might have more teeth.
“I’m not saying that we have to copy and paste what is being done in Europe,” said M.me From Bellefeuille.
The responsibilities of an airline must be well defined. The problem [dans le RPPA] is that there is a security aspect, but it is vague.
Sylvie De Bellefeuille, lawyer for Option consommateurs
The CTA, which has to deal with more than 34,000 complaints received from disgruntled travelers since the Travelers Charter came into effect at the end of 2019, seems to agree. Cautious, Tom Oommen, director of analysis within the federal body, recalled that its president, France Pégeot, had already spoken on the subject.
“The chair had said in an appearance before the Commons Transport Standing Committee that she felt the three categories of flight disruption lacked clarity and made it difficult for travelers to know what they had right. »
Called to speak on the issue, the WestJet representative said that everything that revolves around the notion of security is “complicated”. Mr. Mikoch-Gerke acknowledged that the airline industry could improve when it comes to communication. He said that the Alberta carrier would even be ready to draw up a more complete list of what constitutes a security issue.
More than carriers
Mr. Mikoch-Gerke also raised an argument deemed “legitimate” by Option consommateurs: it is not just the airlines that need to be tightened up. The airport chaos is also attributable to actors that report to Ottawa, such as the Canadian Air Transport Security Authority (CATSA) – the federal agency that provides security at airports – as well as the Canada Border Services Agency. Canada.
“Airlines are the only regulated entities,” said Mikoch-Gerke. This is where there is a problem. »
What we want is for other entities to share responsibility when there are disruptions. Everyone needs to be at the same level, not just the carriers.
Jared Mikoch-Gerke, Director of Government and Regulatory Relations at WestJet
Over the summer, a shortage of CATSA officers and an insufficient number of customs officers at airports had caused delays that often amounted to hours both on departure and arrival.