As of July 15, passengers can be compensated up to $2,400 if they are bumped from a flight and receive up to $2,100 for lost or damaged luggage. (Black Press Media files)

Legal challenge to air passenger rights bill should be dismissed: Attorney general

As of July 15, passengers can be compensated up to $2,400 if they are bumped from a flight

A legal challenge to Canada’s new passenger bill of rights from a group of airlines is “ill-founded” and should be dismissed, according to the country’s attorney general.

In a pair of court filings, lawyers for the federal government and the Canadian Transportation Agency (CTA) say the government will fight air carriers’ attempt to overturn rules that beef up compensation for travellers subjected to delayed flights and damaged luggage.

In a motion to the Federal Court of Appeal earlier this month, Air Canada and Porter Airlines Inc. along with 15 other airlines and two industry groups argued the new regulations exceed the agency’s authority and contravene the Montreal Convention, a multilateral treaty.

As of July 15, passengers can be compensated up to $2,400 if they are bumped from a flight and receive up to $2,100 for lost or damaged luggage. Compensation of up to $1,000 for delays and other payments for cancelled flights will take effect in December.

The issue came to the forefront after a 2017 incident in which two Montreal-bound Air Transat jets were diverted to Ottawa because of bad weather and held on the tarmac for up to six hours, leading some passengers to call 911 for rescue.

John McKenna, who heads the Air Transport Association of Canada — one of the applicants in the case — has called the new compensation grid “very high” and the new rules “outrageous,” claiming they will trigger higher air fares.

Passenger-rights advocates say the rules do not go far enough, arguing the criteria for monetary compensation are tough to meet as passengers would have to present evidence that is typically in the hands of an airline.

The rules impose no obligation on airlines to pay customers for delays or cancellations if they were caused by mechanical problems discovered in a preflight check – walking around the aircraft before takeoff looking for defects — rather than during scheduled maintenance, which involves more thorough inspections required after 100 hours cumulatively in the air.

AirHelp, a Berlin-based passenger-rights company, has said the number of issues categorized as outside an airline’s control amounts to a long list of ways to avoid compensating passengers.

Canada’s transportation regulator says it will argue the appeal should be dismissed should the court choose to hear it.

READ MORE: Airline passengers to get cash for lost baggage, getting bumped in new bill of rights

READ MORE: Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Student artwork on display in ‘Well Lit’ installation

Thoughtful Place Design, 49th Parallel, and Festival of Lights came together to showcase student art

Ladysmith set to star in new Syfy series: Resident Alien

Ladysmith will play the role of Patience, Colorado in the series

Ladysmith wins ‘Brownie’ Reach Out award for communication of Waterfront Plan

The Town of Ladysmith has received national recognition for the successful public… Continue reading

Nanaimo Regional General Hospital raising funds for new surgical suite

The new suite will reduce endoscopy wait times for residents from Ladysmith to Bowser

Belair Street development ready for next steps following public hearing

Fred Green’s Belair Street development cleared another hurdle at a Town of Ladysmith public hearing

‘Things haven’t changed enough:’ Ecole Polytechnique anniversary prompts reflection

Fourteen women were fatally shot by a gunman at the Montreal school on Dec. 6, 1989

B.C. pharmaceutical company’s stocks double in value after successful lupus drug trial

More than 40 per cent of patients using voclosporin saw improvements in kidney function

Second warning on romaine lettuce from California region as another E. coli case reported

Two cases of E. coli have been reported in relation to the illness in the U.S.

Six B.C. municipalities accepted as interveners in Supreme Court of Canada carbon-pricing case

Victoria, Vancouver, Squamish, Richmond, Nelson and Rossland have intervener status

Residents in B.C. city could face 133% tax hike in ‘worst case’ lawsuit outcome: report

An average home could see a tax increase of $2,164 in one year

B.C. Transit finds 28 used fareboxes online, saves $300,000

‘Someone joked maybe we can buy used fareboxes on eBay,’ CEO says

Many of Canada’s working poor can’t afford lawyers, don’t qualify for legal aid

One lawyer says many people earn too much to qualify for legal aid, but not enough to really live on

Economy lost 71,200 jobs in November, unemployment rate climbs to 5.9%

Jobless rate is at its highest since August 2018, when it hit 6%

BC Hydro reservoirs see record low rain across Vancouver Island

Hydro electric watersheds are at a third of their normal levels

Most Read