Tag: Canadian Transport Act

Transportation Minister Marc Garneau introduced a Passenger Bill of Rights which is included in a package of amendments to the Canada Transportation Act. This bill is being introduced as a result of the United Airlines incident, where a passenger was dragged from a plane in Chicago after he refused to give up his seat on an overbooked flight. That incident was the first of many for multiple airlines that suffered from negative PR in the last month or so.

This bill, known as Bill C-49 or the Passenger Bill of Rights, however, has been said to protect the airlines, not the passengers. The main purpose of the bill is to have the Canadian Transportation Agency (CTA) set clear standards for how passengers can be treated, which include:

• Situations where they are denied to board
• Lost baggage
• Delays while on the tarmac

A passenger rights advocate, Gabor Lukacs, has concerns with this bill. The bill does not outline penalties for companies that do mistreat customers, and complaints must be filed by the person affected, which means that action cannot be taken against airlines for problems such as overbooking of flights.

A consumer group labels this bill as ‘useless’ to passengers, as it does not enforce the rights of travellers, and does not include new sanctions against airlines if they were to break the rules. See the full list of concerns here.

Canada is well behind in the area of passenger rights, seeing as sixty countries have some form of passenger rights legislation, with the U.S. and E.U. as the only ones with compensation rules established for passengers that get bumped from flights.

Unfortunately, with the wording in this legislation, it leaves the Canadian Transportation Agency to create and implement the standards at some point in the future, while our Canadian airlines are suffering in the satisfaction category with Air Canada dead last in North America, and WestJet second-last in the low-cost carrier category.

Complaints have increased significantly against Canadian carriers between 2011 and 2016, and if the CTA does not implement a set of rights that protect passengers, they may continue to receive complaints until something is done.

If you are in need of representation or have any questions or concerns, please do not hesitate to contact the lawyers of Devry Smith Frank LLP today at 416-449-1400, or browse our website for more information.

“This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”