The Canadian Transportation Agency, the quasi-judicial tribunal and regulator tasked with enforcing air passenger rights and compensation rules, has unveiled proposed amendments to the Air Passenger Protection Regulations.
If the amendments are adopted, airlines would bear more responsibility for travel disruptions caused by “exceptional circumstances,” including a security threat, an unlawful act, an environmental disaster or disruptive passenger behaviour. In such cases, a flight disruption is unavoidable, even when the air carrier has taken all reasonable measures.
Depending on the circumstance, travellers may be entitled to various forms of compensation by an airline, including meals and accommodation.
In cases where a flight is cancelled or delayed at least three hours, or a passenger is bumped from their flight, they will have the option of receiving a refund rather than being rebooked. If a passenger chooses a refund, the airline will be required to provide payment within 15 days — half the current 30-day window.
Under the proposed amendments, airlines would be required to provide meals for passengers whose flights are delayed by two hours or more and offer accommodation for overnight delays.
The amendments also look to improve travel for people with young children.
The new rules would require children under 14 to be seated on a plane next to a parent or guardian, at no additional cost. And if this seating is not available at the time of booking, it is the airline’s responsibility to inform passengers and do what it can to find seating next to each other.
New rules would impact affordability, says airlines council
Jeff Morrison, president and CEO of the National Airlines Council of Canada, which represents Canada’s largest air carriers, expressed concerns about the amendments.
In a statement, he said the proposed rules are “costly, burdensome and do not take into consideration the complex operational reality of airlines. If adopted, they would impact affordability and connectivity for Canadians.”
In June 2023, Parliament passed amendments to the Canada Transportation Act requiring updates to the Air Passenger Protection Regulations. The proposed changes were drafted after consultations with the transport minister and were approved by the Treasury Board.
“The proposed amendments eliminate grey zones and ambiguity about when passengers are owed compensation, which will ensure quicker resolutions for passengers,” Transport Minister Anita Anand said in a statement.
A 75-day consultation period examining the proposed amendments is taking place until March 6.
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