New Air Passenger Rights.

Since my last post the Government of Canada has instituted what they are calling “Air Passengers rights”. There are two new sets of guidelines. One to be implemented immediately- July 15, 2019, and phase two on December 15 2019. For those that will want to see the complete document I will include the link to the Transport Canada Website. https://rppa-appr.ca/eng/splashify-splash .These rights are for all passengers regardless of their point of origin. Once in Canada the carrier must adhere to these guidelines. Included is a link at the bottom of this article from Air Passenger Rights (APR) a passenger advocacy group. We Invite you to go to their website,  view the inconsistencies and rhetoric included in the New “Air Passenger Rights” created by the Government of Canada.

For a myriad of reasons, travel in this area is closed. There are large fines imposed when you come back to your homeland. The government does not frame them as a fine. Yet, when you place a jacket on your dog, it is still a dog, now with a fancy cardigan. Here you are confined in a “reformatory” camp-like hotel. There are no amenities, no chief serving you some of the world’s finest cuisine. Your three-day stay in “stalag YYZ” will cost you the traveller 2000 Canadian dollars for the privilege of being let back into your homeland. Many feel this is fair. On the contrary, this is nothing more than a fine for leaving the country. Yet, many state heads do so regularly (not solely for business) with no levy placed upon them.

Requirements as of July 15, 2019

Tired passenger sleeping in airport terminal.

Clear communication

General information

The regulations require that passengers be informed of their rights in a timely, clear and accessible way. Airlines will have to provide passengers with information in simple, clear and concise language on their terms and conditions of carriage for:
Flight delay or cancellation;
Denial of boarding;
Lost or damaged baggage; and
The seating of children under 14 years of age.

This information will have to be provided electronically and on all travel documents the airline provides to the passenger. This could be done via a hyperlink to the airline’s website. Airlines will also be required to make reasonable efforts to ensure that official ticket resellers provide this information to customers.

During a flight disruption

Airlines will be required to keep passengers regularly informed if there is a flight disruption (flight and tarmac delays; flight cancellations; and denials of boarding).
They will have to tell passengers why their flight has been disrupted as soon as is feasible. This information will have to be provided through:
an audible announcement; a visible announcement, upon request; and the available communication method the passenger has selected (e.g., email, SMS).
Airlines will have to provide flight status updates every 30 minutes until a new departure time has been confirmed. The airline must offer any new status information to passengers as soon as is feasible.

Accessibility for persons with disabilities

Airlines will have to ensure that communication is accessible to persons with disabilities. Where information is provided digitally, the format will have to be compatible with adaptive technologies used by persons with disabilities. If information is provided in paper format, the airline will have to be able to provide it in large print, Braille or a digital format, upon request.

Denied boarding

Denied boarding occurs when a passenger has a valid ticket for a flight, but is not allowed to occupy a seat on board the aircraft. This occurs because the number of passengers who have checked in, have proper documentation and are at the gate on time is greater than the number of available seats that can be occupied.
Before any carrier denies boarding to a passenger for reasons within its control or required for safety, it must look for volunteers to give up their seat. Once an airline has found a volunteer to give up their seat, the airline must put in writing for them the benefits agreed to prior to the departure of their flight.
Any passenger who is denied boarding for a reason that is within the airline’s control and is not required for safety – for example, commercial overbooking or a change in aircraft due to scheduled maintenance – would be entitled to compensation. A passenger’s compensation would be based on the length of delay at arrival at their final destination.

Minimum Levels of Compensation

Length of delay
Amount (CAD)
0-6 hours
$900
6-9 hours
$1800
9+ hours
$2400

The airline operating the affected flight will have to issue compensation at the time the passenger is notified that they are denied boarding. The amount of compensation could be supplemented if a passenger’s delay at arrival is longer than was expected when payment was issued. If payment cannot be made before the passenger’s new departure time, the airline would be required to issue the payment within 48 hours.
After an airline denies boarding to a passenger, they must rebook them free of charge, meeting the same obligations as described for flight delays and cancellations below. While the passenger waits for their new flight, the airline must provide the standards of treatment described for flight delays and cancellations below.

Tarmac delays

The regulations ensure that during tarmac delays – whether they occur in Canada or abroad – passengers are properly treated. Standards of treatment for all tarmac delays include, at a minimum, access to working lavatories, proper ventilation and heating or cooling, food and drink. The ability to communicate with people outside the plane free of charge, if feasible.
After a 3 hour tarmac delay at a Canadian airport, airlines will be required to return to the gate so that passengers can disembark. However, a plane will be permitted to stay on the tarmac for up to 45 additional minutes, if it is likely that it will take off within that period and the airline is able to continue providing the required standards of treatment.
However, if take off is not likely to occur within that 45 minute window, the plane will have to return to the gate. In no circumstances will airlines be permitted to exceed this time, unless they are prevented for reasons related to safety, security, customs or air traffic control.

Lost or damaged baggage

Suitcase on luggage conveyor belt.

Airlines can be held liable for baggage that is damaged or lost during international travel, up to approximately $2100. To provide better protection to passengers travelling within Canada, the airlines will be held liable for up to the same amount for baggage that is lost or damaged during domestic flights.
A passenger must file a claim for expenses with the airline. For damaged baggage, the claim must be submitted within seven days after the passenger receives the baggage. For potentially lost baggage, the claim must be submitted within 21 days after the day it was supposed to arrive.
In addition, the regulations require airlines to reimburse passengers for any baggage fees paid if their baggage is damaged or lost.

Transportation of musical instruments

Airlines will have to include, in their tariffs, terms and conditions of carriage regarding the transportation of musical instruments as checked or carry-on baggage.

This includes:

Weight, size and quantity restrictions;
Cabin storage options;
Options in the event of aircraft downgrading; and
Fees for transporting musical instruments.
A policy which simply states that the airline will not accept musical instruments does not meet the requirements.

Although these are the new “Air Passenger Rights” have been deemed by the Transportation Canada as acceptable. Advocacy rights groups such as Air passenger Rights (APR) argue that what is outlined is not consistent with international standards. They feel that these New “Air Passenger Rights” is in fact a “Step Backwards” for  Air passenger travel. Included is their website so that you can read and compare if you choose. https://airpassengerrights.ca/en/advocacy/air-passenger-bill-of-rights/new-air-travel-rules-canadians-are-in-for-a-rude-awakening
I do have to admit that they make some very good observations and compelling arguments. The purpose of this blog is to bring your attention to the changes made by the Canadian Government. At the same time inform you of the shortcomings that this “mask” of Air passengers Rights exist.
Only when we recognize our own truth can we advance personally and societally.

If you would like to comment on any of the above or would simply like to say hello please let us know by using the comments section below. We will be certain to respond.
As always Thank you.

Your Vacation, Your Escape.
VTE