Ottawa: More than half (56 per cent) of Canadians still don’t know they have new rights as air travellers, according to research released yesterday by the Canadian Automobile Association (CAA).
“It is clear that the government and the airlines need to do more to ensure Canadians know their rights,” says Jeff Walker, chief strategy officer, CAA National. “As we head into the holiday travel season, it’s even more important travellers are aware of the new system and how to make claims.”
Nearly six months ago, the Government of Canada announced the first phase of an air passenger rights regime that includes compensation as high as $2,400 for being bumped, more money for lost or damaged baggage, and a requirement that airlines provide travellers with clear communications on their rights and how to claim them.
New Rights
A second, bigger bundle of rights is being introduced today (December 15). New protections include cash compensation for long delays and cancellations. In addition, airlines will be required to rebook or refund travel that is delayed more than three hours or cancelled. And airlines will now be required to facilitate seating of children under the age of 14 with their parent at no cost.
“CAA encourages passengers to learn their new rights and file a claim when they feel those protections have been breached,” said Walker. “CAA will continue to represent the interest of travellers by tracking the regime’s effectiveness and hold the Canadian Transportation Agency accountable.”
If an airline does not respond to a passenger’s claim accordingly, travellers are encouraged to visit the Canadian Transportation Agency for more information or to file a complaint.
The New Rights
Airlines flying to, from and within Canada will need to provide passengers with:
- Compensation of up to $1,000 for flight delays or cancellations for reasons within the airlines’ control (except for safety reasons); and
- Amenities when there is a flight delay or cancellation within the airline’s control (reasonable food and drink; access to communication; and hotel accommodations for overnight delays).
- In addition, airlines will have to take steps to seat children under the age of 14 near their accompanying adult, at no extra cost. A child must be seated near their accompanying adult at a proximity that depends on their age:
*under 5 years, in an adjacent seat;
*5 to 11 years, in the same row, and separated by no more than one seat;
*12 or 13 years, separated by no more than a row.
Other airline obligations – related to denied boarding, transportation of musical instruments, lost or damaged baggage and communication – came into force in July 2019.
“Travelling by air has become an integral part of modern life. Most of the time, our trips unfold without a hitch, but sometimes things do not go as planned. These new air passenger rights are coming into force just in time for the peak air travel season, passengers now have a clear, comprehensive set of rights that will help ensure fair treatment when they travel by air – whether they’re flying from, to or within this vast country,” said Scott Streiner, Chair and CEO of the Canadian Transportation Agency.
Background
In May 2018, the CTA began developing Air Passenger Protection Regulations to establish airline obligations towards passengers, including minimum compensation levels and standards of treatment in different circumstances.
The CTA consulted broadly for three months with the travelling public, consumer rights groups, and the airline industry through a variety of channels, including public sessions across the country, online questionnaires, surveys of passengers in airports, face-to-face meetings with key experts and stakeholders, and written submissions and comments. Following pre-publication of the regulations in Part I of the Canada Gazette, the CTA reviewed all feedback received. The CTA took all consultation input into account in finalizing the regulations.
Airlines are now required to follow all the obligations set out in the regulations and could be subject to administrative monetary penalties of up to $25,000 per incident for non-compliance.