Ottawa – November 19, 2009 – In three separate decisions, the Canadian Transportation Agency accepted the clarifications to the amendments submitted by Air Canada, WestJet and Air Transat to incorporate Flight Rights Canada provisions into their tariffs for international travel.
Announced by the Government of Canada in 2008, Flight Rights Canada describes how Canadian air carriers should treat passengers should a flight be delayed, overbooked or cancelled, as well as other related passenger rights.
In June 2009, the Agency had asked the carriers to revise the wording of certain provisions in the originally proposed amendments to their tariffs to ensure clarity, which, in turn, will make it easier for passengers to understand their rights and carrier obligations. For example, the Agency felt it was not clear:
- who has the right, the passenger or the air carrier, to determine the option for compensation in the case of overbooked or cancelled flights;
- which rules (the existing ones or the Flight Rights Canada ones) take precedence; and
- when the carriers are exempt from the obligations described in these provisions (for instance in cases of weather, or disruptions caused by a third party).
In these decisions, the Agency ruled that it is satisfied that the issues raised have been addressed. The three carriers have indicated that they will soon resubmit their revised international tariff to the Agency with the new clearer wording. The Agency will accept these tariffs within 24 hours of receiving them. Changes to each carrier's domestic tariff will go into effect when the carrier amends it.
While these decisions are only applicable to international travel, Air Canada and WestJet have also indicated their intention to make the same revisions to their tariffs for domestic travel. Air Transat does not operate domestic services.
The tariff is the contract between the carrier and the passenger and provisions incorporated into a carrier's tariffs are enforceable by the Agency. This means that passengers can file complaints with the Agency if they feel an air carrier has not acted in a manner consistent with the tariff, or if they feel the tariff is unclear, unjust, unreasonable or unduly discriminatory.
The Agency can order the air carrier to change its tariff and its terms and conditions. In some cases, the Agency can order the carrier to compensate passengers for out-of-pocket expenses incurred as a result of the incident or provide compensation for lost luggage.
Backgrounder: Dispute Resolution for Air Travellers
About the Canadian Transportation Agency
The Canadian Transportation Agency is an independent quasi-judicial tribunal, which administers and enforces transportation related legislation in Canada to achieve a competitive, efficient and accessible transportation system.
The Canadian Transportation Agency has a number of mechanisms in place and is helping to protect consumers by:
- resolving disputes between members of the public and air carriers through facilitation, mediation or formal adjudication;
- working with air carriers and members of the public to ensure that they are aware of their rights and obligations;
- ensuring air carrier tariffs are compliant with Canadian legislation and regulations; and
- working with the industry to remove obstacles to transportation to the mobility of persons with disabilities by resolving individual complaints and by developing codes of practice, standards and regulations for accessible transportation.
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For further information, contact:
News Media Enquiries: Natalie Hanson at 819-934-9042
General Public Enquiries: info@otc-cta.gc.ca; 1-888-222-2592
