Air Canada refused to compensate passengers whose flights were canceled

According to the Canadian Air Passengers’ Bill of Rights, an airline must provide compensation of up to $1,000 “in the event of delays and cancellations in circumstances attributable to the carrier, but not required for safety reasons.” Information provided 14 days or less prior to departure.

However, if the flight is canceled due to security reasons, the airlines do not have to pay a penny.

In a memo issued Dec. 29, Air Canada instructed its employees to classify canceled flights due to crew shortages as a “safety” issue. Customers affected by the cancellations are entitled to room and board standards, but not charter compensation.

As a note, this policy is “temporary”. However, Air Canada acknowledged in a July 25 email that “this is still in place due to ongoing circumstances due to the variations of COVID.”

The Canadian Transportation Agency (CTA) says the reduction in staffing for a safety issue violates federal regulations. She noted that the absence of crew due to “act or inaction of the carrier” falls under the category of circumstances that caused it.

“Disruption caused by staff shortages is not considered a security concern if it is the result of the company’s own actions,” the agency said in an email.

In a ruling released on July 8, the OTC used similar language. She called on WestJet to order, insisting the carrier must ensure “adequate staff availability to operate the services offered for sale”. WestJet tried to defend itself, admitting that the cancellation was attributed to it but was necessary for security reasons.

Gabor Lukács, president of the Travellers’ Rights press group, accused Air Canada of “illegally” using a loophole in the charter to avoid compensating its customers. He asks the OTC to be rigorous in its application of the Charter.

” [Air Canada] Misinterprets things that aren’t clearly security issues,” he says.

Consumers can appeal the airline’s decision by submitting a complaint to the CTA. However, it needs to scan a large number of files. In the month of May, 15,300 people were linked to airlines.

Mr. Lukacs said. Only “extraordinary circumstances” such as bad weather conditions or political instability can release companies from the obligation to pay compensation.

Sylvie Bellefeuille, president of Option Consumers Group, said Ar Canada’s rating shows the airline’s priority is limiting flight cancellation costs rather than providing good service to its customers.

She accused Air Canada of trying to prevent its customers from seeking damages. “This strategy, in our view, does not show that the company cares about its customers. »

Needless to say, Carrier did not share this view.

“Air Canada has and continues to have more employees in relation to its flight schedule than it did before the pandemic,” the company defended in an email. She adds that she is doing everything possible to prepare for operational glitches.

“Air Canada continues to comply with all public health directives. It’s in its safety culture. We revised our policy during the wave of Omicron, which disrupted our crew availability last winter, to better support our customers, especially during flight cancellations related to crew absences due to COVID. »

John Gradek, an expert in aviation management at McGill University, believes the CTA is partly responsible for this “debacle” because it has set rules that are more flexible than those in Europe or the United States.

“Carriers have gone to great lengths to pretend they have no control over delays to shift blame and minimize their responsibility,” he said.