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Canada's transport regulator hasn't settled a single COVID-19 flight cancellation complaint – CBC.ca

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The Canadian Transportation Agency has failed to settle a single complaint from Canadians demanding refunds for cancelled flights since the onset of the COVID-19 pandemic, CBC News has learned. 

The independent tribunal said it has been inundated with close to 10,000 complaints from mid-March, when global air travel largely ground to a halt, until Oct. 16. 

The agency confirmed it’s still processing complaints it received before March 11; it has yet to deal with any cases filed during the public health crisis.

For months, Canada’s Transport Minister has told Canadians if they are unsatisfied with refunds, the course of action is to file complaints with the tribunal.

Carly Aubertin and her husband Rob McLean are upset that they filed a complaint in April, which has been sitting in limbo ever since.

“It’s just so disheartening,” said Aubertin. “It’s frustrating that the government’s not there to support us.” 

The Ontario residents are considering selling their home as they wrestle with living off a single income because the pandemic has hurt McLean’s business. Sunwing gave them a voucher for a cancelled trip to Antigua due to COVID, rather than a full refund that could help pay their mortgage until the spring.

 “Right now, I mean, $5,000? There’s five months of mortgage right there,” she said.

Long backlog before pandemic started

The delay is partially due to a two-year backlog of complaints the CTA received before the pandemic struck. The backlog is tied to a significant influx of complaints received after new air passenger protection regulations came into effect in December 2019.

COVID-19 hampered further efforts to process complaints; the CTA temporarily paused its discussions with airlines regarding “dispute resolution activities” until June 30, 2020 to allow airlines to focus on more urgent matters. The agency also granted airlines an extension until Oct. 28 to respond to passengers seeking compensation.

But the CTA says it’s making progress on tackling the caseload. The agency processed a record number of complaints in the past fiscal year. The administrative tribunal also received a funding boost to get through cases more quickly and says it’s weeks away from starting on complaints filed during the pandemic.

WATCH | Thousands of Canadian travellers are waiting for flight refunds:

CBC News has learned that despite receiving thousands of complaints from travellers looking for refunds for flights cancelled due to COVID-19, the Canadian Transportation Agency has not settled a single one. 1:59

An ongoing battle for closure

The agency said it’s now working through about 17,300 complaints. 

Those includes complaints from Canadians like Aubertin and McLean, who spent about $5,000 for a spring vacation with a group of friends to celebrate some of their 40th and 50th birthdays.

McLean found himself without work during the pandemic, meaning the Port Robinson, Ont., couple has started to dip into their retirement savings. His last pay cheque was in February. 

“It’s frustrating because in these times we hear the leaders of our country saying to look out for everybody and do the right thing and respect your community, and then to allow these multimillion dollar companies to keep our money interest free for an extended period of time doesn’t feel like the right thing to us,” McLean said. 

Aubertin said the obstacles have been particularly disappointing given that other countries have taken a firmer stance on helping passengers.

In April, the U.S. Department of Transportation issued a notice reminding U.S. and foreign airlines that they “remain obligated to provide a prompt refund to passengers” despite the pandemic and warned that it would take “enforcement action” as necessary.

Carly Aubertin, left, and Rob McLean, right, have emailed Prime Minister Justin Trudeau for help — but his office said the couple’s only option was to file a complaint with the Canadian Transportation Agency. (Submitted)

In Canada, airlines have been asking the government for financial help to survive an unprecedented drop in business during the height of the pandemic. In many cases, airlines have been issuing travel vouchers redeemable for two years, rather than refunds. 

The CTA said it issued a “non-binding statement” on issuing vouchers in the face of “unprecedented and extraordinary circumstances” during the pandemic.

The agency said the industry collapsed worldwide and there was an “absence of any general minimum obligation under the law for airlines to pay refunds for flights cancelled for reasons beyond their control.”

After months of public outrage, WestJet announced last week it was changing its refund policy on Nov. 2 to give customers back money for flights cancelled due to COVID-19.

Air Canada took to Twitter shortly afterwards and said it’s already repaid $1.2 billion to date for refundable tickets cancelled during the pandemic.

John Gradek, a former Air Canada executive and lecturer at McGill University’s aviation management program, said the timing is no coincidence.

Canada’s major airlines — WestJet, Air Canada, Air Transat, Sunwing and Swoop — are facing a series of class action lawsuits over refunds during COVID and the federal court certification hearing is scheduled for Nov. 2. 

Gradek also believes airlines realized there wasn’t public support for a government bailout unless carriers refunded passengers first. The Globe and Mail reported Friday cabinet is currently deliberating a package for the aviation sector that includes scaling back airport fee increases and low interest loans.

CTA losing credibility, Bloc MP says

Passengers and consumers have a right to feel upset about the federal government’s lack of action, said Bloc Québécois MP and transport critic Xavier Barsalou-Duval.

On Friday, he presented a bill seeking to amend the Canada Transportation Act in order to ensure passengers are fully refunded in the event that an air carrier cancels a flight. 

He said Transport Minister Marc Garneau’s failure to resolve the issue has put undue pressure on the CTA.

“By not acting, Mr. Garneau’s transferring the weight of the situation on the shoulders of the CTA and that’s a big problem,” said Barsalou-Duval. 

“[The CTA is] losing credibility. And that’s the big problem because usually they’re supposed to… apply the rules, apply the law.”

Federal Transport Minister Marc Garneau’s office has stated for months that he sympathizes with those seeking refunds, while reiterating that airlines are going through a difficult time. (Adrian Wyld/The Canadian Press)

In a statement to CBC News on Sunday, Garneau said he understood the frustration.

“This situation is far from ideal,” he said. “We are encouraged to see that some airlines have refunded their customers, and expect air carriers will do their best to accommodate passengers under these extraordinary circumstances,” the statement read.

“This is an important issue to Canadians. We also continue to work with the airlines to address the overall challenges they are facing due to the pandemic.”

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Canada’s response to Trump deportation plan a key focus of revived cabinet committee

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OTTAWA, W.Va. – U.S. president-elect Donald Trump’s promise launch a mass deportation of millions of undocumented immigrants has the Canadian government looking at its own border.

Deputy Prime Minister Chrystia Freeland said Friday the issue is one of two “points of focus” for a recently revived cabinet committee on Canada-U.S. relations.

Freeland said she has also been speaking to premiers about the issue this week.

“I do want Canadians to know it is one of our two central points of focus. Ministers are working hard on it, and we absolutely believe that it’s an issue that Canadians are concerned about, Canadians are right to be concerned about it,” Freeland said, after the committee met for the first time since Trump left office in 2021.

She did not provide any details of the plan ministers are working on.

Public Safety Minister Dominic Leblanc, whose portfolio includes responsibility for the Canada Border Services Agency, co-chairs the committee. Freeland said that highlights the importance of border security to Canada-U.S. relations.

There was a significant increase in the number of irregular border crossings between 2016 and 2023, which the RCMP attributed in part to the policies of the first Trump administration.

The national police service said it has been working through multiple scenarios in case there is a change in irregular migration after Trump takes office once again, and any response to a “sudden increase in irregular migration” will be co-ordinated with border security and immigration officials.

However, Syed Hussan with the Migrant Rights Network said he does not anticipate a massive influx of people coming into Canada, chalking the current discussion up to anti-migrant panic.

“I’m not saying there won’t be some exceptions, that people will continue to cross. But here’s the thing, if you look at the people crossing currently into the U.S. from the Mexico border, these are mostly people who are recrossing post-deportation. The reason for that is, is that people have families and communities and jobs. So it seems very unlikely that people are going to move here,” he said.

Since the Safe Third Country Agreement was modified last year, far fewer people are making refugee claims in Canada through irregular border crossings.

The agreement between Canada and the U.S. acknowledges that both countries are safe places for refugees, and stipulates that asylum seekers must make a refugee claim in the country where they first arrive.

The number of people claiming asylum in Canada after coming through an irregular border crossing from the U.S. peaked at 14,000 between January and March 2023.

At that time, the rule was changed to only allow for refugee claims at regular ports of entry, with some specific exemptions.

This closed a loophole that had seen tens of thousands of people enter Canada at Roxham Road in Quebec between 2017 and 2023.

In the first six months of 2024, fewer than 700 people made refugee claims at irregular crossings.

There are 34,000 people waiting to have their refugee claims processed in Canada, according to government data.

In the first 10 months of this year, U.S. border officials recorded nearly 200,000 encounters with people making irregular crossings from Canada. Around 27,000 encounters took place at the border during the first 10 months of 2021.

Hussan said the change to the Safe Third Country Agreement made it less likely people will risk potentially dangerous crossings into Canada.

“Trying to make a life in Canada, it’s actually really difficult. It’s more difficult to be an undocumented person in Canada than the U.S. There’s actually more services in the U.S. currently, more access to jobs,” Hussan said.

Toronto-based immigration lawyer Robert Blanshay said he is receiving “tons and tons” of emails from Americans looking at possibly relocating to Canada since Trump won the election early Wednesday.

He estimates that about half are coming from members of the LGBTQ+ community.

“I spoke to a guy yesterday, he and his partner from Kansas City. And he said to me, ‘You know, things weren’t so hunky-dory here in Kansas City being gay to begin with. The entire political climate is just too scary for us,'” Blanshay said.

Blanshay said he advised the man he would likely not be eligible for express entry into Canada because he is at retirement age.

He also said many Americans contacted him to inquire about moving north of the border after Trump’s first electoral victory, but like last time, he does not anticipate many will actually follow through.

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



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Surrey recount confirms B.C. New Democrats win election majority

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VANCOUVER – The British Columbia New Democrats have a majority government of 47 seats after a recount in the riding of Surrey-Guildford gave the party’s candidate 22 more votes than the provincial Conservatives.

Confirmation of victory for Premier David Eby’s party comes nearly three weeks after election night when no majority could be declared.

Garry Begg of the NDP had officially gone into the recount yesterday with a 27-vote lead, although British Columbia’s chief electoral officer had said on Tuesday there were 28 unreported votes and these had reduced the margin to 21.

There are ongoing recounts in Kelowna Centre and Prince George-Mackenzie, but these races are led by John Rustad’s B.C. Conservatives and the outcomes will not change the majority status for the New Democrats.

The Election Act says the deadline to appeal results after a judicial recount must be filed with the court within two days after they are declared, but Andrew Watson with Elections BC says that due to Remembrance Day on Monday, that period ends at 4 p.m. Tuesday.

Eby has said his new cabinet will be announced on Nov. 18, with the 44 members of the Opposition caucus and two members from the B.C. Greens to be sworn in Nov. 12 and the New Democrat members of the legislature to be sworn in the next day.

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

The Canadian Press. All rights reserved.



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Port of Montreal employer submits ‘final’ offer to dockworkers, threatens lockout

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MONTREAL – The employers association at the Port of Montreal has issued the dockworkers’ union a “final, comprehensive offer,” threatening to lock out workers at 9 p.m. Sunday if a deal isn’t reached.

The Maritime Employers Association says its new offer includes a three per cent salary increase per year for four years and a 3.5 per cent increase for the two subsequent years. It says the offer would bring the total average compensation package of a longshore worker at the Port of Montreal to more than $200,000 per year at the end of the contract.

“The MEA agrees to this significant compensation increase in view of the availability required from its employees,” it wrote Thursday evening in a news release.

The association added that it is asking longshore workers to provide at least one hour’s notice when they will be absent from a shift — instead of one minute — to help reduce management issues “which have a major effect on daily operations.”

Syndicat des débardeurs du port de Montréal, which represents nearly 1,200 longshore workers, launched a partial unlimited strike on Oct. 31, which has paralyzed two terminals that represent 40 per cent of the port’s total container handling capacity.

A complete strike on overtime, affecting the whole port, began on Oct. 10.

The union has said it will accept the same increases that were granted to its counterparts in Halifax or Vancouver — 20 per cent over four years. It is also concerned with scheduling and work-life balance. Workers have been without a collective agreement since Dec. 31, 2023.

Only essential services and activities unrelated to longshoring will continue at the port after 9 p.m. Sunday in the event of a lockout, the employer said.

The ongoing dispute has had major impacts at Canada’s second-biggest port, which moves some $400 million in goods every day.

On Thursday, Montreal port authority CEO Julie Gascon reiterated her call for federal intervention to end the dispute, which has left all container handling capacity at international terminals at “a standstill.”

“I believe that the best agreements are negotiated at the table,” she said in a news release. “But let’s face it, there are no negotiations, and the government must act by offering both sides a path to true industrial peace.”

Federal Labour Minister Steven MacKinnon issued a statement Thursday, prior to the lockout notice, in which he criticized the slow pace of talks at the ports in Montreal and British Columbia, where more than 700 unionized port workers have been locked out since Nov. 4.

“Both sets of talks are progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved,” he wrote on the X social media platform.

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

The Canadian Press. All rights reserved.

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