With nearly 10,000 complaints filed by airline passengers since last July, critics are calling on the Trudeau government to crack down on major air carriers who are allegedly violating Canada’s air passenger protection laws.
“Airlines are finding creative ways to work around the rules to confuse people with the intent of not living up to their obligations,” NDP Transport critic Niki Ashton told Global News. “There shouldn’t be loopholes in terms of airlines being able to avoid compensating people financially.”
READ MORE: Air Canada customers say claims wrongly denied under new passenger rules
Nearly a dozen Air Canada passengers interviewed by Global News allege the airline is intentionally mis-referencing flights or misrepresenting the cause of flight delays in order to avoid paying compensation under the Air Passenger Protection Regulations (APPR) that came into effect in December.
Under the new laws, large airlines — like Air Canada, WestJet or Air Transat — must pay passengers between $400 and $1,000 when their flights are delayed by three hours or more for reasons within the airlines control. Smaller airlines, like Swoop or Flair, are required to pay anywhere from $125 to $500.
Airlines caught breaking the new regulations could face up to $25,000 in fines for each violation.
Ten passengers who spoke with Global News provided documents and correspondence with Air Canada that showed flights cancelled or delayed for staffing or scheduling issues, which are considered within an airline’s control and eligible for compensation under the new regulations.
All the claims, however, were initially rejected by Air Canada who claimed events outside of its control caused the flight disruptions.
Ottawa resident Carla Di Censo, whose Air Canada flight was cancelled over “crew constraints,” said she believes this is part of “a systemic strategy not to pay” passengers.
“It’s very clear to me that it’s an approach they’re using to avoid having to pay these claims out.”
Air Canada eventually paid her husband $1000, but Di Censo said her and her daughter’s claims are still outstanding.
Air Canada has said its policy is to “fully abide by the APPR.”
“We have put in place the necessary processes and procedures to ensure compliance and are dealing with customers directly,” Air Canada said in a statement. “We have no additional information to offer, but would point out for context that since the APPRs first took effect, we have transported more than 25 million customers.”
CAA calls the allegations ‘unacceptable’
Canadian Automobile Association spokesperson Kristine D’Arbelles said CAA expected some “kinks and bugs” as the new regulations kicked in, but called the alleged conduct of major airlines “unacceptable.”
“Telling someone one reason for [cancelling a flight] and then changing that reason later on is not the spirit of the airline passenger rights regime,” she said.
CAA is calling on the federal government to take greater enforcement action against airlines that are breaking the rules.
“The more they crack down on airlines that are not respecting the new regime, the faster airlines are going to start pulling up their socks.”
READ MORE: Changes to air passengers’ rights are now in effect. Here’s what you should know
Recent reports of passengers struggling to obtain compensation for flight disruptions also point to problems in the government’s new Air Passenger Protection Regulations (APPR), according to Ashton.
“The passenger bill of rights does not go far enough.”
Under the new rules airlines are allowed to cite maintenance issues as a cause for delays and cancellations that exempts them from providing compensation to passengers, Ashton noted.
Airlines do not owe compensation for flight disruptions caused by technical issues required for safety purposes and identified outside of scheduled maintenance.
“That is not the case in Europe,” Ashton said, noting that experts who testified before the House of Commons have indicated the European Union rules have resulted in airlines more promptly addressing mechanical problems.
Airline expert Seth Kaplan said airlines allegedly cancelling flights for one reason and then denying compensation for another reason is “clearly wrong.”
CAA, which was involved in the APPR consultation process, is calling on the federal government and the Canadian Transportation Agency to release more data about the growing number of complaints.
The CTA has said it’s received 9,757 air travel complaints since phase one of the APPR first came into effect on July 15, 2019, calling the number “unprecedented.”
“We need to see what is actually going on, what is the breadth of the issue, what kinds of complaints are out there,” D’Arbelles said. “In any new regime you’re going to see a lot of complaints … but the examples that we are seeing now are clear violations of the [APPR].”
Transport Minister Marc Garneau did not respond to questions about whether his office would be investigating but encouraged Canadians to report any complaints to the CTA.
“With respect to Air Canada or any other airline, the new passenger protection rules are there. At the moment this is a brand new set of regulations. It’s understandable in some cases there will be a different interpretation. I encourage Canadians who feel they did not get an adequate response where they feel there rights were not respected to go to the CTA.”
© 2020 Global News, a division of Corus Entertainment Inc.
PORT ALBERNI, B.C. – RCMP say the body of a second person has been found inside their vehicle after a road washed away amid pouring rain on the west coast of Vancouver Island.
Police say two vehicles went into the Sarita River when Bamfield Road washed out on Saturday as an atmospheric river hammered southern B.C.
The body of the other driver was found Sunday.
More coming.
The Canadian Press. All rights reserved.
The B.C. Greens say Sonia Furstenau will be staying on as party leader, despite losing her seat in the legislature in Saturday’s provincial election.
The party says in a statement that its two newly elected MLAs, Jeremy Valeriote and Rob Botterell, support Furstenau’s leadership as they “navigate the prospect of having the balance of power in the legislature.”
Neither the NDP led by Premier David Eby nor the B.C. Conservatives led by John Rustad secured a majority in the election, with two recounts set to take place from Oct. 26 to 28.
Eby says in a news conference that while the election outcome is uncertain, it’s “very likely” that the NDP would need the support of others to pass legislation.
He says he reached out to Furstenau on election night to congratulate her on the Greens’ showing.
But he says the Green party has told the NDP they are “not ready yet” for a conversation about a minority government deal.
The Conservatives went from taking less than two per cent of the vote in 2020 to being elected or leading in 45 ridings, two short of a majority and only one behind the NDP.
This report by The Canadian Press was first published Oct. 22, 2024.
The Canadian Press. All rights reserved.
Toronto FC captain Jonathan Osorio is making a difference, 4,175 kilometres away from home.
The 32-year-old Canadian international midfielder, whose parents hail from Colombia, has been working with the Canadian Colombian Children’s Organization, a charity whose goal is to help disadvantaged youth in the South American country.
Osorio has worked behind the scenes, with no fanfare.
Until now, with his benevolence resulting in becoming Toronto FC’s nominee for the Audi Goals Drive Progress Impact Award, which honours an MLS player “who showed outstanding dedication to charitable efforts and serving the community” during the 2024 season.”
Other nominees include Vancouver Whitecaps midfielder Sebastian Berhalter and CF Montreal goalkeeper Jonathan Sirois.
The winner will be announced in late November.
The Canadian Colombian Children’s Organization (CCCO) is run entirely by volunteers like Monica Figueredo and Claudia Soler. Founded in 1991, it received charitable status in 2005.
The charity currently has four projects on the go: two in Medellin and one each in Armenia and Barranquilla.
They include a school, a home for young girls whose parents are addicted to drugs, after-school and weekend programs for children in a disadvantaged neighbourhood, and nutrition and education help for underprivileged youth.
The organization heard about Osorio and was put in contact with him via an intermediary, which led to a lunch meeting. Osorio did his due diligence and soon got back to the charity with his decision.
“It was something that I wanted to be a part of right away,” said Osorio, whose lone regret is that he didn’t get involved sooner.
“I’m fortunate now that to help more now that I could have back then,” he added. “The timing actually worked out for everybody. For the last three years I have donated to their cause and we’ve built a couple of (football) fields in different cities over there in the schools.”
His father visited one of the sites in Armenia close to his hometown.
“He said it was amazing, the kids, how grateful they are to be able to play on any pitch, really,” said Osorio. “But to be playing on a new pitch, they’re just so grateful and so humble.
“It really makes it worth it being part of this organization.”
The collaboration has also made Osorio take stock.
“We’re very fortunate here in Canada, I think, for the most part. Kids get to go to school and have a roof over their head and things like that. In Colombia, it’s not really the same case. My father and his family grew up in tough conditions, so giving back is like giving back to my father.”
Osorio’s help has been a godsend to the charity.
“We were so surprised with how willing he was,” said Soler.
The TFC skipper has helped pay for a football field in Armenia as well as an ambitious sports complex under construction in Barranquilla.
“It’s been great for them,” Figueredo said of the pitch in Armenia. “Because when they go to school, now they have a proper place to train.”
Osorio has also sent videos encouraging the kids to stay active — as well as shipping soccer balls and signed jerseys their way.
“They know more about Jonathan than the other players in Colombia,” Figueredo said. “That’s the funny part. Even though he’s far away, they’ve connected with him.”
“They feel that they have a future, that they can do more,” she added. “Seeing that was really, really great.”
The kids also followed Osorio through the 2022 World Cup and this summer’s Copa America.
Back home, Osorio has also attended the charity’s annual golf tournament, helping raise funds.
A Toronto native, he has long donated four tickets for every TFC home game to the Hospital for Sick Children.
Vancouver’s Berhalter was nominated for his involvement in the Whitecaps’ partnership with B.C. Children’s Hospital while Montreal’s Sirois was chosen for his work with the Montreal Impact Foundation.
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This report by The Canadian Press was first published Oct. 21, 2024.
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