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.

Just Posted

Qualicum Beach charity hosts fundraiser for Guatemalan students

Aldea Maya has been working in the Central American country since 2012

Parksville Lawn Bowling Club on a roll for artificial turf

Project to cost over $500,000 but will save club money

More Parksville pop-up water parks planned

Fire department says Sunday, Aug. 18 next one on the agenda

Hi Neighbour Day celebrates 50th year in Errington

Pancake breakfast, parade, zucchini race and more planned for this years’ festivities

Semi-truck crashes on Hwy. 4 between Port Alberni and Tofino-Ucluelet

Drivers heading in or out of Tofino-Ucluelet Friday afternoon should expect delays

QUIZ: How much do you remember about Woodstock?

Weekend music festival in Bethel, New York, was held 50 years ago

‘It’s just the freedom:’ Paralyzed Broncos player pursuing life on the water

The former Humboldt Broncos goaltender, who started in the net when he was nine, was paralyzed last year

Canadians killed in Afghanistan honoured during emotional dedication ceremony

One-hundred-fifty-eight Canadian soldiers died during the mission

It’s snow joke: Up to 30 cm of snow expected to fall in northeastern B.C.

Alaska Highway, Fort Nelson to be hit with August snowstorm, according to Environment Canada

‘I’m just absolutely disgusted’: Husband furious after B.C. Mountie’s killer gets day parole

Kenneth Fenton was sentenced to prison after he fatally struck Const. Sarah Beckett’s cruiser

Sea-to-Sky Gondola in B.C. likely out of commission until 2020

Sea to Sky Gondola carries between 1,500 and 3,000 people every day during the summer season

Helicopter-riding dog Mr. Bentley now featured on cans of new B.C.-made beer

Partial proceeds from every pack go to Children’s Wish

PHOTOS: Weapons seized at Portland right-wing rally, counterprotests

Not all who gathered Saturday were with right-wing groups or antifa

Ferries employees participating in Denman Island cleanup for plastic-shedding ferry

The cleanup comes a few weeks after one organized by residents of the Island

Most Read