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

Rossland council urges minister to kill Jumbo Glacier Resort project

Mayor writes letter panning ski resort on environmental, legal, and economic grounds

Golden Rockets begin season with main camp and exhibition games

The Golden Rockets season begins this Friday, August 23 at the Golden… Continue reading

Weekly Mountain Minute

This week’s top news stories:… Continue reading

De Groot family still waiting for inquest after 2014 Slocan shooting

Lawyer for Peter De Groot’s family say many questions remain unanswered

Teepee raising ceremony invites Invermere Chief to Metis Nation Columbia River Society

Some people might notice a new teepee standing tall outside of the… Continue reading

VIDEO: Title of 25th Bond movie is ‘No Time to Die’

The film is set to be released in April 2020

‘Unsubstantiated’ bomb threat against CP Rail in Revelstoke

On Aug. 18, a bomb threat was made against CP Rail in Revelstoke

Victoria father charged with double murder of his daughters takes the stand

Andrew Berry pleaded not guilty to the December 2017 deaths

New ‘Matrix’ film set with Keanu Reeves and Lana Wachowski

Fourth installment to feature Reeves as Neo and Carrie-Anne Moss as Trinity

Catholic church buys $7.5M equestrian facility in B.C., plans ‘agri-retreat’ centre

Church hopes to grow crops, host students and others on Bradner property

New regulations require training for B.C. addiction recovery homes

Inspections, standards replace ‘wild west,’ Judy Darcy says

Trans Mountain gives contractors 30 days to get workers, supplies ready for pipeline

Crown corporation believes the expansion project could be in service by mid-2022

66% of B.C. residents want opt-out system for organ donation: poll

Support was lowest in Ontario and the Atlantic provinces

B.C. rainbow crosswalk covered in mysterious black substance

Black substance spilled intentionally near Vancouver Island school and difficult to remove

Most Read