'No timeline' for updating air passenger bill of rights, regulator says

Canada’s transportation regulator, the Canadian Transportation Agency (CTA), has yet to provide a timeline for updating the country’s air passenger rights regulations, even though consultations on proposed changes concluded over a year ago.

The CTA, responsible for enforcing air passenger compensation rules, proposed revisions to the regulations in July 2023 and subsequently held consultations. The feedback from those consultations was released in November 2023, but a finalized draft of the updated regulations remains pending.

"We are taking these comments into consideration as we are drafting proposed regulations," a CTA spokesperson stated in an email. When asked about a release date for the final draft, the agency confirmed there is "no timeline."

Delays in Addressing Complaints

The air passenger protection regulations, first introduced in 2019, require airlines to compensate passengers for delays or cancellations deemed within their control. However, the system has struggled to keep up with complaints, particularly as travel resumed post-pandemic, creating a backlog that has now surpassed 80,000 cases.

The 2023 federal budget promised improvements to the system, with the CTA proposing a shift in the burden of proof. Under the new rules, airlines would be obligated to compensate passengers for flight disruptions unless they can demonstrate the delays or cancellations were caused by "exceptional circumstances," such as severe weather, airport operational issues, or hidden manufacturing defects.

Advocates Push for Urgency

Ian Jack, a spokesperson for the non-profit Canadian Automobile Association, emphasized the importance of expediting the process. "There are plenty of ways to try to fix this system. We need to get on with it," he said. Jack warned that even after the draft regulations are published, it could take "months, if not years" to finalize and implement them.

"We need to get something out in public as soon as possible so we can keep the ball rolling towards eventual improvements," he added. In the meantime, passengers must rely on the current regulations, which many feel are inadequate.

Industry Perspective

Jeff Morrison, president of the National Airline Council of Canada, urged the CTA to prioritize thorough consultation over speed. "Canadian airlines do their best to provide travellers a journey that is predictable and timely," Morrison stated, highlighting recent improvements in passenger experiences. "We encourage the CTA to take the time necessary to properly consult with impacted stakeholders who stand to be negatively impacted by the proposed regulations."

Proposed Fees for Airlines

As part of the changes, the 2023 budget also suggested a fee for airlines to cover the costs of processing complaints when they are found to be at fault. The CTA recently wrapped up consultations on a proposed $790 fee per complaint. However, Jack argued that determining this fee should not delay the overall progress of the updated regulations.

"Improving the system so that it works better for consumers is what we’re pushing for. How much, if anything, carriers need to pay for that system is a separate question," he said.

Despite the proposed reforms and ongoing consultations, the backlog and absence of updated regulations continue to frustrate passengers and advocates alike. "With the backlog of over 80,000 complaints at this point, the system is clearly not as efficient as it could be," Jack remarked. "It should be in everybody’s interest to try to make it more efficient."