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Air passengers losing patience with enforcement agency as backlog of complaints balloons – CBC News

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Canadians whose travel plans have been derailed by flight delays or cancellations say they’re losing patience with the agency responsible for enforcing compensation rules.

The Canadian Transportation Agency (CTA) — a quasi-judicial tribunal and regulator tasked with settling disputes between airlines and customers — has been dealing with a backlog of air passenger complaints since new regulations came into place in 2019 that require an airline to compensate passengers when a flight is delayed or cancelled for a reason that is within the airline’s control.

But that backlog has spiked in the last few months as a hectic summer travel season has resulted in an increasing number of customers claiming airlines are skirting federal compensation rules.

  • Have you had filed an airline complaint with the CTA and haven’t heard back? Tell us about it in an email to ask@cbc.ca.

The CTA said the backlog of complaints has risen to 18,200 after a spike in new grievances filed in recent months. The agency said 7,500 new complaints were filed between April and July this year, more than half of the amount of complaints it received all of last year.

“The CTA continues to process air passenger complaints as quickly as possible, based on their merit, impartially and in a rigorous manner,” the agency said in a statement.

But those who have recently filed new complaints could be in for a long wait to get a response from the agency.

This graphic shows the compensation air travellers could be entitled to depending on the length of their flight delay. (CBC)

Michelle Jacobs waited nearly a year before hearing back from the CTA, and when she did it was only to confirm that she was filing on behalf of her two children. She filed a complaint in August 2021 after Air Canada cancelled the family’s flight from Deer Lake, N.L., to Toronto citing staffing issues.

“It’s frustrating,” she said of the CTA process, “I mean there are laws put in place for this type of stuff and it seems that they’re just really holding you off to see if you’ll just go away.” 

Jacobs said she had considered giving up her CTA complaint, but after she was contacted last week by the agency she now has a sliver of hope that an investigation of the case is proceeding.

Passenger considering going to court instead

Kevin Smith, who has been fighting Flair Airlines for compensation since an initial flight from Vancouver to Ottawa on New Year’s Eve was cancelled and rebooked the next day, says he’s running out of patience with the CTA.

Smith said he filed a complaint with the agency in early February but has not yet received a response.

While he’s frustrated with Flair continuing to deny him what he said would be fair compensation, he said the CTA not responding “makes everything worse.”

“You can’t rely on the enforcement, the laws are basically meaningless and it’s kind of like the wild, wild west,” he said.

The Canadian Transportation Agency has a case tracker to allow passengers to keep tabs on their complaints. Due to a current backlog, the site only indicates that the agency will process a complaint as quickly as possible. (Submitted by Kevin Smith)

Rather than waiting for the CTA to respond, Smith said he is now considering taking Flair to small claims court, something Gabor Lukacs, founder and president of Air Passengers Rights Canada, has started recommending to passengers who contact him.

“A judge may or may not agree with them but they are going to get a fair and impartial hearing which is way more than they can expect from the agency,” Lukacs said.

While the CTA said it has been able to process complaints faster in recent years, it is currently facing a staffing shortage and attempting to hire more facilitators who can help resolve complaints. The government has allocated funding to the CTA in recent years in an effort to address the backlog, including $11 million in April’s budget.

When asked by CBC, Transport Minister Omar Alghabra’s office didn’t say if the government is willing to do more to ensure the CTA can address the backlog and instead said airlines need to comply with regulations.

“Travellers also have rights regarding refunds and these must be respected,” Alghabra’s office said in an emailed statement.

But Conservative transport critic Melissa Lantsman said air passenger protections need to be strengthened because Canadians are currently bearing the brunt of a weak system.

“Whether it’s the CTA, whether it’s the government, whether it’s the airline, there is an abdication completely of responsibility,” Lantsman said.

NDP transport critic Taylor Bachrach agreed that regulations and enforcement need to be bolstered and argued that the fact there are so many complaints in the first place is indicative that airlines feel like they can get away with breaking the rules.

“The biggest problem is the airlines are making a mockery of these air passenger protection regulations,” he said.

Both Lantsman and Barchrach said the government needs to provide the agency with the resources needed to ensure passengers are compensated, but Lukacs said the CTA also needs to step up enforcement by issuing more fines when an airline breaks the rules.

Passenger rights advocate Gabor Lukacs questions the Canadian Transport Agency’s enforcement practices and says the agency should issue more fines when an airline violates air passenger protection regulations. (CBC)

Under the CTA’s regulations airlines could face up to $25,000 per incident every time they break air passenger protection regulations, something Lukacs said the agency doesn’t use often enough.

“If airlines knew that they are going to be facing hefty fines for each violation, they would not go that far,” he said.

The CTA recently announced new amendments to the regulations that would require airlines to provide a refund or a rebooking even if a delay or cancellations aren’t within their control. Lukacs said these new changes, which come into effect on Sept. 8, could make it harder for passengers to seek compensation from airlines.

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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