The Canadian Transportation Agency (CTA) today announced that the Regulations Amending the Air Passenger Protection Regulations, which provide additional refund requirements, are now in force. But one transportation expert says the new rules are only a “slight improvement.”
Until now, the Air Passenger Protection Regulations only required refunds to be provided for flight disruptions within the control of airlines.
The new requirements now require airlines to provide passengers with either a refund or rebooking, at the passenger’s choice, when there is a flight cancellation, or a lengthy delay, due to a situation outside the airline’s control that prevents it from ensuring that passengers complete their itinerary within a reasonable time. They apply to all flights to, from and within Canada, including connecting flights.
The new regulatory requirements:
* Require airlines to provide a passenger affected by a cancellation or a lengthy delay due to a situation outside the airline’s control with a confirmed reservation on the next available flight that is operated by them or a partner airline, leaving within 48 hours of the departure time indicated on the passenger’s original ticket. If the airline cannot provide a confirmed reservation within this 48-hour period, it is required to provide, at the passenger’s choice, a refund or rebooking;
* Identify what costs must be refunded (unused portion of the ticket, which includes any unused add-on services paid for);
* Identify the method to be used for refunds (same as the original payment, e.g., a return on the person’s credit card);
* Require airlines to provide a refund within 30 days.
The new regulations apply to flight disruptions that occur as of September 8, 2022.
Critics have said the measures don’t go nearly far enough and that they pale in comparison to rules the European Union has in place for airline delays and similar issues.
Openjaw.com reports that Canadian Automobile Association spokesman Ian Jack is calling the new rules only a “slight improvement.” Jack said new rules without enforcement are meaningless, and that the CTA needs to do better getting compensation to pax who have filed claims against airlines.
Background
The COVID-19 pandemic revealed a gap in Canada’s air passenger protection framework: the absence of a requirement for airlines to refund tickets when flights are cancelled, or where there is a lengthy delay, for reasons outside airline control and it is not possible for the airline to ensure that the passenger’s itinerary is completed within a reasonable time.
On December 21, 2020, the Minister of Transport issued a direction giving the CTA the authority to develop new regulations to close this gap for future travel. In a letter accompanying the direction, the Minister asked that the CTA design the regulations in a manner that is fair and reasonable to passengers and, to the extent possible, not impose an undue financial burden on carriers that could lead to their insolvency.
Consultation process
On December 21, 2020, the CTA launched a consultation process seeking feedback on certain questions to help shape the new requirements. A summary of this input can be found in the resulting What We Heard report.
On July 3, 2021, the CTA published its proposed Regulations Amending the Air Passenger Protection Regulations in Part I of the Canada Gazette for public review and comment. A second round of consultations invited stakeholders and the public to comment on the proposed regulations, which ended on October 1, 2021. The results of both consultations have informed the final amendments to the regulations, which were published in Part II of the Canada Gazette on June 22, 2022.
Reference material
* Highlights of the new refund regulations
* FAQs – new refund regulations
* Air Passenger Protection Regulations
* Air Passenger Protection: Know your rights
* APPR Guides
