Canada’s New Air Passenger Protections

Last December I wrote about how the Canadian Transportation Agency was working on putting a new passenger bill of rights into law. This is something I’m a fan of. It’s something that the US also desperately needs, given the complete lack of rights that passengers have in the event of cancelations and delays.

Canada’s new air passenger bill of rights

This has been debated extensively over the past several months, and today the final details of the new regulations have officially been announced. These new rights will be introduced in two phases, on July 15 and December 15, 2019.

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As Canada’s Transport Minister, Marc Garneau, describes these changes:

“Our goal was to provide a world-leading approach to air passenger rights that would be predictable and fair for passengers while ensuring our air carriers remain strong and competitive.

After a long and thorough consultation process, I am proud to say these new regulations achieve that balance and will give air travellers the rights and treatment they pay for and deserve.”

These new regulations apply to all flights that are to, from, or within Canada, including those simply connecting there.

It’s also interesting to note that many of the compensation structures are different for “large airlines” and “small airlines,” with large airlines being those that have carried more than two million people in the past two years.

So, what should we expect from these new passenger rights? While you can check the full details here, I wanted to focus on the denied boarding compensation and delay compensation, since those are the most interesting to me:

Denied boarding compensation

Starting July 15, 2019, passengers will be entitled to the following compensation in the event of denied boarding:

• $900, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by less than six hours
• $1,800, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours
• $2,400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more

Delay compensation

Starting December 15, 2019, passengers will be entitled to compensation if their flight is delayed.

In the case of large carriers, the following will apply:

• $400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours
• $700, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours
• $1,000, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more

In the case of small carriers, the following will apply:

• $125, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours
• $250, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours
• $500, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more

While I think it’s fair that big carriers are on the hook for more than small carriers, frankly I’m surprised by just how big the difference is.

One significant difference between the Canadian rules and those you’d find in Europe (under EU261) is that airlines don’t have to pay delay compensation in the event of mechanical delays.

There’s a provision that compensation doesn’t have to be paid when it’s “required for safety purposes,” which includes “safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system.”

In those situations airlines will have a duty of care, but won’t actually be required to provide compensation.

I see where they’re coming from, but I also have concerns about that. In the same way we often see airlines in the US blame “weather” as a scapegoat for a delay, I can also see an airline blaming maintenance.

For example, if a crew is missing for a flight, what’s to stop an airline from claiming there’s a maintenance issue to potentially get out of paying every passenger on the plane $1,000?

Bottom line

I commend Canada for introducing some proper rights for passengers, as that’s something we also desperately need in the US. The compensation amounts are significant, and I also respect their distinction between large and small carriers.

However, I do have concerns about accountability surrounding airlines not paying compensation in the event of mechanical problems, and how that will be enforced.

There’s a lot more to these regulations, so check out the full air passenger protection regulations for all the details.

What do you make of Canada’s new protections for passengers?