Scott Streiner, Chairman & CEO of the Canadian Transportation Agency (CTA) and Marc Garneau, Minister of Transport, launch the final provisions of the Air Passenger Protection Regulations during a press conference at the Ottawa International Airport in Ottawa on Friday, Dec. 13, 2019. Steiner says Canada may need to rethink its passenger protection rules after hundreds of thousands flight cancellations prompted by the COVID-19 pandemic left travellers out of pocket. THE CANADIAN PRESS/Sean Kilpatrick

Scott Streiner, Chairman & CEO of the Canadian Transportation Agency (CTA) and Marc Garneau, Minister of Transport, launch the final provisions of the Air Passenger Protection Regulations during a press conference at the Ottawa International Airport in Ottawa on Friday, Dec. 13, 2019. Steiner says Canada may need to rethink its passenger protection rules after hundreds of thousands flight cancellations prompted by the COVID-19 pandemic left travellers out of pocket. THE CANADIAN PRESS/Sean Kilpatrick

Watchdog says flight refund rules may need reworking to address possible ‘gaps’

Most Canadian airlines have offered credits for a cancelled flight that are valid for at least two years

Passenger protection rules may need to be revised after hundreds of thousands of flight cancellations prompted by the COVID-19 pandemic left travellers out of pocket, the head of Canada’s transportation regulator said Wednesday.

Scott Streiner, who heads the Canadian Transportation Agency (CTA), said officials should ask “the obvious question” of why airlines do not have to refund passengers when flights are cancelled for reasons beyond the carrier’s control — such as a global virus outbreak.

“The situation that we’ve encountered over the past several months was unprecedented, it was completely unanticipated,” Streiner said in a phone interview.

“And as a result of it we may need to collectively take a look at the framework that we’ve put in place for air passenger protection and ask ourselves whether there are lessons learned and whether there are any gaps that we need to address.”

READ MORE: Travel will have to wait, despite calls from Canada’s business leaders, Trudeau says

A new passenger rights charter, which fully came into effect on Dec. 15, requires airlines to ensure that customers can complete their itineraries, but does not demand reimbursement.

“I think the question we now have to ask is, what happens if that’s not possible?” Streiner said, referring to completion of itineraries.

Most Canadian airlines have offered credits for a cancelled flight that are valid for at least two years and have kept billions in advance ticket sales amid a collapse of the travel industry.

Advocates say passengers have the right to a refund for services that were never rendered, with some in urgent need of cash amid a recession that pushed the unemployment rate to nearly 14 per cent, the highest rate in at least 45 years.

“The law has always been clear that passengers are owed a refund,” said passenger rights advocate Gabor Lukacs, citing four CTA rulings. “The deficiency is in the failure to codify this obligation in the new regulations.”

The absence of a refund rule forms part of a larger problem of enforcement in the Air Passenger Protection Regulations, he said.

A February 2019 report by Air Passenger Rights, an advocacy group run by Lukacs, found that criteria for monetary compensation are extremely tough to meet, often requiring passengers to present evidence that is in the hands of the airline.

“It’s heaven for lawyers and class action litigation,” Lukacs said Wednesday.

Since February, passengers have filed a handful of proposed class-action lawsuits claiming airlines have unfairly denied customer refunds. A trio of petitions — two presented in the House of Commons last month — that garnered more than 109,000 signatures have called for customer reimbursement of flights cancelled due to the coronavirus.

The CTA has received a “tsunami of complaints” about airlines in recent months, with more than 93 per cent filed since mid-December, though many came in before the pandemic struck, Streiner said.

READ MORE: Airlines face MPs’ frustration over health concerns, lack of refunds

The watchdog will receive additional funding and hire 34 new staff to its current team of 50 dealing with air travel complaints, he said. The agency has also streamlined its complaints process, introducing a more user-friendly complaint form online along with increased automation.

“We’re not going to be able to get through 14,000, 15,000 complaints in two months, but we are going to throw ourselves into it and we are going to dig through them as quickly as we can,” Streiner said.

The CTA had suspended adjudications on air travel complaints to allow airlines to concentrate their resources on a pandemic response, but hearings will resume officially in early July, he confirmed.

Streiner said customers are entitled to refunds where stipulated in the contract of carriage or “tariff” but identified “ambiguity” in the contracts as an issue.

Multiple airlines have cited statements from the regulator in March and April to justify offers of credit rather than cash back.

“A lot of this has been following guidance of the CTA, where they had come down and said that it was acceptable to issue a travel credit during the time of pandemic,” Swoop president Charles Duncan said in an interview.

Christopher Reynolds, The Canadian Press


Like us on Facebook and follow us on Twitter.

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

Air TravelCoronavirus

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

Just Posted

Cops converge in a Marshall Road parking lot on Thursday afternoon following a reported police incident. (Ben Lypka/Abbotsford News)
Federal offender escapes, gets shot at and is taken back into custody in Abbotsford

Several branches of law enforcement find escapee a short distance from where he fled

Jay Matte (right), president of Pressland Printing in downtown Mission, passes a customer her purchase. Many local businesses say the new mandatory mask order is a positive step to help protect customers and staff alike. / Kevin Mills Photo
Mission businesses, workers say they’re happy with new mask mandate

Most say they’ve had little problem enforcing the of new rules

Jag Deol, owner of Sangam Restaurant and Catering, is collecting non-perishable food items for the St. Joseph's Food Bank at both his restaurant locations in Mission. (Jenna Hauck/ Chilliwack Progress file)
Indian restaurant asks for food-bank donations when Missionites pick up take-out orders

Sangam Restaurant and Catering hosting food drive until Dec. 20, will match all donations made

Kenny (left) and Bobby Braich, the Braich family estate’s representatives, will have to pay $676,000 to their former estate lawyer, James Carphin, for legal work dating from December 2004 to October 2010. / Patrick Penner Photo
Former lawyer for Braich Family Estate wins case over unpaid legal debts in B.C. Supreme Court

Braich family recently in dispute with District of Mission over failed development deal

Lefeuvre Road, near Myrtle Avenue, was blocked to traffic on Thursday (Dec. 3) after an abandoned pickup truck was found on fire. Police are investigating to determine if there are any links to a killing an hour earlier in Surrey. (Shane MacKichan photo)
Torched truck found in Abbotsford an hour after killing in Surrey

Police still investigating to determine if incidents are linked

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, Nov. 9, 2020. THE CANADIAN PRESS/Darryl Dyck
Another 694 diagnosed with COVID-19 in B.C. Thursday

Three more health care outbreaks, 12 deaths

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

(Pixabay)
Canadians’ mental health has deteriorated with the second wave, study finds

Increased substance use one of the ways people are coping

Surrey Pretrial centre in Newton. (Photo: Tom Zytaruk)
Surrey Pretrial hit with human rights complaint over mattress

The inmate who lodged the complaint said he needed a second mattress to help him manage his arthritis

A coal-fired power plant seen through dense smog from the window of an electric bullet train south of Beijing, December 2016. China has continued to increase thermal coal production and power generation, adding to greenhouse gas emissions that are already the world’s largest. (Tom Fletcher/Black Press)
LNG featured at B.C. energy industry, climate change conference

Hydrogen, nuclear, carbon capture needed for Canada’s net-zero goal

An RCMP officer confers with military rescuers outside their Cormorant helicopter near Bridesville, B.C. Tuesday, Dec. 1. Photo courtesy of RCMP Cpl. Jesse O’Donaghey
Good Samaritan helped Kootenay police nab, rescue suspect which drew armed forces response

Midway RCMP said a Good Samaritan helped track the suspect, then brought the arresting officer dry socks

People line up at a COVID-19 assessment centre during the COVID-19 pandemic in Scarborough, Ont., on Wednesday, December 2, 2020. Toronto and Peel region continue to be in lockdown. THE CANADIAN PRESS/Nathan Denette
COVID-19 vaccine approval could be days away as pressures mount on health-care system

Many health officials in regions across the country have reported increasing pressures on hospitals

Most Read