Canadian airlines ask court to reject new passenger rights rules

As of July 15, passengers must be compensated up to $2,400 if denied flight due to overbooking

Passengers wait to check-in at Trudeau Airport on July 19, 2017 in Montreal. THE CANADIAN PRESS/Ryan Remiorz

Canadian airlines are among hundreds of carriers asking the Federal Court of Appeal to quash new rules that beef up compensation for passengers subjected to delayed flights and damaged luggage.

Air Canada and Porter Airlines Inc., along with 17 other applicants that include the International Air Transport Association — which has some 290 member airlines — state in a court filing that required payments under the country’s new air passenger bill of rights violate international standards and should be rendered invalid.

The court application argues the new provisions contravene the Montreal Convention, a multilateral treaty, in part by setting compensation amounts based on the length of the delay and “irrespective of the actual damage suffered.”

The application, filed last Friday, also says nullifying the regulations “would avoid the confusion to passengers” who could be subject to travel regimes from multiple jurisdictions on international flights.

Starting July 15, passengers will have to be compensated up to $2,400 if they are denied boarding because a flight was overbooked and receive up to $2,100 for lost or damaged luggage. Compensation of up to $1,000 for delays and other payments for cancelled flights will take effect in December.

The issue came to the forefront after a 2017 incident in which two Montreal-bound Air Transat jets were diverted to Ottawa due to bad weather and held on the tarmac for up to six hours, leading some passengers to call 911 for rescue.

John McKenna, who heads the Air Transport Association of Canada, called the compensation grid “very high” and the new rules “outrageous.”

“They’re trying to meet international standards and do better, and I don’t see why. We’ve been complaining about that from the start, that this is going to drive up the price of flying in Canada,” he said from Portugal.

Passenger rights advocates say the rules do not go far enough, arguing the criteria for monetary compensation are tough to meet as passengers would have to present evidence that is typically in the hands of an airline.

Gabor Lukacs, founder of the group Air Passenger Rights, has said the regulations give airlines “carte blanche to refuse” compensation based on unverifiable maintenance issues.

The rules impose no obligation on airlines to pay customers for delays or cancellations if they were caused by mechanical problems discovered in a pre-flight check — walking around the aircraft before takeoff looking for defects in the fuselage and flight control surfaces — rather than during scheduled maintenance — more thorough inspections required after 100 hours cumulatively in the air.

Christopher Reynolds, The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Tofino graduate credits family and community after receiving $40K scholarship

“I would not be here and I would not be the person I am without my community.”

Michael Kaehn’s new book celebrates Hot Springs Cove’s history

Slideshows coming to Ahousaht, Tofino, Ucluelet, Port Alberni and Shawnigan Lake in September.

Two southern resident orcas missing as experts fear for the population

Centre for Whale Research says one whale each is missing from the J and K pods

Ucluelet’s Water’s Edge Resort dishes out donations

Food Bank on the Edge and Thornton Creek Hatchery grateful for funding.

‘Bad choices make good stories’: Margaret Trudeau brings her show to Just for Laughs

Trudeau says over the decades she has been suicidal, manic, depressed

UPDATE: Youth seen with gun at Nanaimo mall, suspect now in custody

Woodgrove Centre shut down during police incident

B.C. man dies from rabies after contact with Vancouver Island bat

Last known case of human rabies in B.C. was 16 years ago

Crown recommends up to two-year jail term for former Bountiful leader

Crown says sentence range should be 18 months to two years for Bountiful child removal case

VIDEO: Wolf spotted swimming ashore on northern Vancouver Island

Island wolf population estimated at under 150 in 2008, says VI-Wilds

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

B.C. couple bring son home from Nigeria after long adoption delay

Kim and Clark Moran of Abbotsford spent almost a year waiting to finalize adoption of Ayo, 3

Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

New rules codified compensation for lost luggage, overbooked flights

Mercury tops out on top of the world: Alert in Nunavut warmer than Victoria

It’s the latest anomaly in what’s been a long, hot summer across the Arctic

Most Read