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)

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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Pfizer-BioNTech vaccine deliveres to Canada are being delayed because of complications at their European distribution facility. THE CANADIAN PRESS/Nathan Denette
Delays of Pfizer vaccine delivery to impact Alberta’s vaccination plans

Alberta has administered 74,000 doses of the COVID-19 vaccine so far

COVID-19. (Image courtesy CDC)
City of Wetaskiwin’s active COVID-19 cases drop below 100

Active COVID-19 cases in the City of Wetaskiwin are dropping.

Alberta Chief Medical Officer of Health Dr. Deena Hinshaw
Alberta eases some COVID-19 restrictions

Salons, barbershops and other personal and wellness services will be open by appointment only

Chelsey Rain. Photo provided by Wetaskiwin RCMP.
Wetaskiwin RCMP trying to locate missing woman

23-year-old Chelsey Rain has been missing since New Years Day.

City of Wetaskiwin still seeking members for Diversity and Inclusion Task Force. Photo/ City of Wetaskiwin.
City of Wetaskiwin still seeking members for Diversity and Inclusion Task Force

Goals of Task Force include decreasing hate crimes and discrimination in the community.

Lesser Slave Lake UCP MLA Pat Rehn. (Facebook)
Kenney kicks Pat Rehn out of UCP caucus after municipal complaints

Rehn had been criticized by municipal leaders in his constituency

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

(Via the Canadian Press)
Alberta monolith comes with message to save eastern slopes of Rocky Mountains

‘They deserve our attention. They warrant our protection. They are under threat’

blessing
Bentley Blessing Pantry continues to faithfully serve the community

‘We just wanted to make everyone aware that we are still here to serve you throughout this coming year.’

A Suncor logo is shown at the company’s annual meeting in Calgary on May 2, 2019. A worker is missing after a dozer broke through ice on an inactive Suncor tailings pond in northern Alberta.THE CANADIAN PRESS/Jeff McIntosh
Worker missing after dozer breaks through frozen tailings pond in northern Alberta

The worker was an employee of Christina River Construction

File Photo
‘You took away some real joy,’ Sylvan Lake Winter Village turned off after vandalism

Sometime during the night of Jan, 12 the light display at the pier was vandalized and damaged

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID clarity: Feds say 42-day gap for 2-dose vaccines OK as provinces race to immunity

‘Realities on the ground’ means that provinces, territories will have difficult choices to make

Most Read