A recent decision by the Canadian Transportation Agency (CTA) should help clear the air about flight compensation.
In issuing a decision in the WestJet case on July 8, the transportation regulator clarify thatin general, airlines cannot deny passengers compensation for flight interruptions caused by crew shortages.
However, the clarification only fueled the anger of some passengers, including Frank Michel, who have since been denied compensation – due to crew shortages.
“It’s insulting,” said Michelle, of Marquis, Sask.
He and his wife, Lee, flew Air Canada in June. The couple’s flight from Regina to Victoria was delayed by more than five hours. The second leg of the return flight was then canceled so the couple spent the night at the Vancouver airport.
“I have arthritis, it hurts and it hurts, I sleep on the damn concrete floor,” said Michel, 67.
After Air Canada canceled her flight, Michelle, 67, spent the night on the floor of the Vancouver airport. (Frank Michel)
The couple applied for compensation, which would have been $2,800 if they had been eligible. But in late July, Air Canada denied Michels’ claim. In two separate emails seen by CBC News, the airline said any flight disruptions were “due to crew restrictions” related to COVID-19 and were “safety-related.”
According to federal rulesairlines must only pay compensation — up to $1,000 per passenger — if the flight disruption is within the airline’s control and is not safety-related.
Michelle claims that Air Canada is not following the rules.
“The CTA has already made it clear that crew limitations are not an acceptable excuse,” he said. “It’s not a safety issue. It’s a management issue. You have to manage your resources.”
“This decision doesn’t seem to mean anything”
The CTA issued its clarification last month based on a case in which WestJet denied compensation to a passenger who claimed his flight was canceled for safety reasons due to crew shortages.
In its ruling, the CTA emphasized that staffing issues are largely the airline’s responsibility and usually require compensation. So he ordered WestJet to pay the passenger $1,000.
“Training and staffing are within the airline’s control, and therefore crew shortages are within the airline’s control unless there is compelling evidence” to the contrary, CTA spokesman Tom Omen said in an interview. “That’s a high threshold.”
Watch: Air travelers say they were unfairly denied compensation:
Travelers say they were unfairly denied compensation for canceled Air Canada flights
Some passengers say they were denied compensation for canceled Air Canada flights because the airline claimed the flight disruptions were “due to crew constraints” and beyond their control.
Oommen said the CTA’s decision will help ensure airlines follow the rules, but some passengers remain skeptical.
“This decision doesn’t seem to mean anything,” said Jennifer Peach of Langley, British Columbia, who had booked a WestJet trip with her husband to attend a wedding last month in St. John’s.
They almost didn’t make it. WestJet canceled their connecting flight and Peaches said the airline then offered to rebook them on a flight a day later – which would have meant they would miss the wedding.
Fortunately, Peach found a Porter Airlines flight that would take the couple to St. John’s about five hours later than originally scheduled, but still in time for the wedding. She said WestJet told her to book the flight and file a claim.
Peach is asking WestJet for the $773 it paid for Porter’s flight, plus compensation for the couple’s delayed trip. On Aug. 2, WestJet denied both requests, saying in an email seen by CBC News that the flight cancellations were “due to crew member availability and required for safety reasons.”
This didn’t sit well with Peach, especially in light of the CTA’s recent decision.
“I don’t know what’s going on here,” she said. “I would suggest that if there is a decision like this made by the Canadian Transportation Agency, it will be something of a benchmark for all of these [claims].”
Enforcement options “may include fines:” CTA
WestJet and Air Canada declined to comment on individual cases, but both said they follow federal air passenger regulations. WestJet has said safety is its top priority. Air Canada said airlines should not be penalized for canceling flights for safety reasons.
Air passenger rights expert Ian Jack said the CTA should threaten airlines with harsh penalties, such as public shaming and stiff fines, if they fail to comply with compensation provisions.
“The main concern is that the regulator is not putting fear into the hearts of carriers to get them to follow the rules,” said Jack, a spokesman for the Canadian Automobile Association, a not-for-profit travel agency.
“They need to know they can be caught, shamed and held accountable by the regulator.”
This chart shows the compensation that air travelers may be entitled to depending on the length of their flight delay. (CBC)
The CTA’s Oommen suggested that stiff penalties could be forthcoming for non-compliant airlines.
“We are indeed looking at all options for enforcement … which could include fines.”
Meanwhile, both Michelle and Peach have filed complaints with the CTA. However, they may have to wait a long time. The agency is currently dealing with a backlog of more than 15,000 complaints, Oommen said.
He said the CTA recently made changes to streamline the complaint process and is trying to hire more staff.
—@AShutsa
But Jack said he was concerned the backlog could encourage airlines to flout the rules, as any consequences would be far down the road.
“They don’t have to pay today and who knows, maybe in 2025 they might have to pay money.”
Add Comment