In issuing its decision in July, the CTA clarified that, in general, airlines cannot deny compensation to passengers for flight cancellations caused by staff shortages. In a motion filed with the Federal Court of Appeal on Aug. 10, WestJet argues that the CTA’s decision was erroneous because it was based on a misinterpretation of Canada’s Air Passenger Protection Regulations (APPR). The court has not yet decided whether WestJet can proceed with its appeal. Consumer advocate John Lawford said if WestJet gets the green light and wins, it could pave the way for all airlines to justifiably deny compensation based on any flight disruption caused by understaffing. “It would give companies a pretty clear right,” said Lawford, an attorney and executive director of the Public Interest Advocacy Center. Public Interest Advocacy Center executive director John Lawford says Ottawa needs to amend regulations to protect air passengers so there is less room for airlines to deny compensation. (CBC) Lawford also suggested that WestJet’s request to appeal the CTA’s decision is indicative of the airlines’ stance on Canada’s passenger compensation rules. “The airlines are trying to interpret these regulations in a very aggressive sense so that they can, in effect, create an exemption from payment whenever they can,” he said. “This is in their financial interest.”
The WestJet case
NEXT numerous air passenger complaints that they were unfairly denied compensation, the CTA’s decision in July was supposed to help clear up compensation regulations. The decision was based on a case involving passenger Owen Lareau who was scheduled to take a WestJet flight on July 18, 2021 from Regina to Ottawa. According to court documents, Lareau’s flight was canceled 1.5 hours before departure. He was rebooked on a flight the following day and arrived at his destination 21 hours later than originally scheduled. WestJet declined to compensate Lareau, saying in an email that “his flight was affected due to the availability of flight crew members and is required for safety reasons.” According to court documents, WestJet denied compensation to a passenger in 2021, saying the cancellation of his flight was caused by a crew shortage and a safety issue. (WestJet) Under the APPR, airlines must pay compensation — up to $1,000 — only if a flight delay or cancellation is within an airline’s control and not required for safety reasons. In its ruling, the CTA said crew shortages are considered within the airline’s control and cannot be classified as a safety issue unless an airline can prove otherwise. The transport regulator said WestJet “did not sufficiently demonstrate” that the flight cancellation “was unavoidable despite appropriate planning”. However, in its motion to appeal, WestJet argues that, under the APPR, the CTA cannot assume that crew shortages warrant compensation and then burden the airlines with disproving it. Lawford said WestJet offers a narrow reading of the rules. the CTA’s decision in July aimed to clarify them. “[The airline is] saying, “That’s cool, the actual wording of the regulations is all we’re going to follow and go to court.” WestJet, its lawyers involved in the case, the Canadian Transportation Agency and passenger Lareau declined to comment on the case before the courts.
Open to interpretation
WestJet is not the only airline to face customer ire for denying compensation related to personnel matters. Several passengers have complained to CBC News that Air Canada unfairly denied them compensation stating that the disruption to their flight caused by “crew restrictions” was “safety-related”. Air Canada said last week that it complies with the APPR and that the regulations are complex and open to interpretation. Lawford agrees and said the federal government needs to change the rules so there’s no wiggle room for airlines. “Our rules for airline passenger protection regulations leave too much room for interpretation by airlines,” he said. “They’re honestly not clear on what is or isn’t under the control of the airlines.” WATCHES | Travelers say they are unfairly denied compensation:
Travelers say they are being unfairly denied compensation for Air Canada flight cancellations
Some travelers say they are being denied compensation for canceled Air Canada flights, as the airline claims flight disruptions are due to crew restrictions and beyond their control. Lawford also said Transport Minister Omar Alghabra should send a message to airlines to take a more “consumer-friendly” approach to the rules. “I don’t see that kind of leadership from the current minister at all,” he said. During one transportation committee hearing on FridayAlghabra said that “airlines must respect the rights of travelers” and that the CTA is responsible for handling passenger complaints. Passengers can file a complaint with the agency which aims to help them resolve the issue. Since May, the CTA has received more than 7,000 complaints about flight cancellations and currently has a backlog of more than 18,000 complaints. To date, the agency has not issued fines that include compensation for flight disruptions, but suggested in an email Monday that they may be coming. “As more complaints are processed … enforcement officers will have a stronger basis for issuing infringement notices and [fines]”, said a representative of the CTA. Despite the potentially long wait for a resolution, Lawford said he still encourages disgruntled passengers to file complaints with the CTA. “It’s annoying and takes extra time, but it’s what consumers can do.”
