Canadian air passenger rights law will be 'toughest in the world': transport minister
Critics say proposed rule changes don't go far enough; airlines say it will hike ticket prices
Transport Minister Omar Alghabra is defending his party's proposed overhaul of air passenger rights rules in Canada, saying it will protect consumers and hold airlines to account.
The Liberal government tabled legislation on Thursday to amend the Air Passenger Protection Regulations (APPR). The proposed changes would, among other things, hike fines for airlines that don't comply with Canadian Transportation Agency rules and limit situations in which airlines can deny passengers compensation for delays and damaged or lost luggage.
But the legislation has no shortage of critics. Airlines say it will increase ticket prices. The NDP says it's still "complex, bureaucratic and expensive." The Conservatives say it "will do nothing" to address the long backlog of passenger complaints.
Gábor Lukács, president of advocacy group Air Passenger Rights, says the government is misleading Canadians about the new rules.
The legislation removes a section of the existing regulations that lets airlines deny compensation for cancellations and delays "required for safety purposes." But Lukács says those four words remain peppered throughout the fine text, and could still be used to deny passengers compensation.
As It Happens host Nil Köksal put some of these criticisms to Alghabra in an interview on CBC Radio's As It Happens. Here is part of their conversation.
One of the most vocal critics of your proposed legislation is Gábor Lukács.... He was on our show last night and he said this proposed legislation "weakens passenger rights and perpetuates existing loopholes." What would you say to Mr. Lukács?
I respectfully disagree with him. Look, I welcome his advocacy and his hard work on behalf of consumers. I know other consumers' groups have welcomed this proposal.
This proposal actually removes the loophole that airlines could have used to justify not compensating passengers. It reduces the objections or explanations [that] airlines may use to justify not compensating. It actually shifts the burden onto airlines. It ensures that airlines are held accountable for delivering the obligations that they've committed to their passengers.
LISTEN | Air passenger advocate Gábor Lukács on As It Happens:
What concerned him the most is that the language of "required for safety," which the airlines have used in the past, [still appears in the text].
When we talk about the increase in … potential fines for airlines up to $250,000, he says there's also the avenue for them to enter into so-called "compliance agreements" [a promise to comply with the law going forward] that would then allow them to avoid those fines.
He went as far as to say — and this is, again, a quote for him — that the government is "misleading" the public here.
Again, I disagree with him.
What we're saying is airlines should still be responsible for refunds if things are outside of their control. Plus, we're defining a new service standard that airlines need to look after their customers when the customer is waiting for a snowstorm to end, including providing food and access to telecommunication.
You're right. We are increasing the fines that the CTA [Canadian Transportation Agency] is able to impose. But we're leaving the CTA, the authorities, to manage how they enforce these laws. We're making the process more efficient, simpler, faster.
Does it make it too easy, though, for airlines to get out of compensating passengers still?
Not at all. And, I mean, airlines will tell you that they feel these regulations are tough.
These regulations are shifting the burden onto airlines. So airlines can no longer avoid compensating a passenger for something that they're responsible for. Airlines now will be required to fund complaints at the Canadian Transportation Agency.
I feel that these new rules, as I said, are the toughest in the world. And it's going to make our air travel system better, more efficient and more reliable. And I know airlines, like any smart business, will take these rules, ensure that their operations are better, and that they provide the service that they sold to customers.
WATCH | NDP reactions to proposed airline passenger rights overhaul:
You're right in that the airlines have their own concerns, and the National Airlines Council of Canada is saying that these rules are going to lead to higher ticket prices. And anyone who has purchased a ticket to fly anywhere in this country or abroad certainly knows how high those prices are, and how much higher they are than many other countries. So how much higher can they go?
I am surprised that the airlines are saying this. We're not asking the airlines to do more than what they promised their customers they would do.
We're not holding them responsible for things they don't control. We're asking them to deliver on what they promised customers. And I think this will be better for customers. This will be better for airlines. And this will be better for everyone.
There has long been concern, as you know … [about] the lack of competition in this country. So what do you say to those who are concerned about that aspect of things?
Today, we have more competition than we've ever had in Canada. We certainly have the two big players, Air Canada and WestJet. But we have other airlines that are expanding, like Porter, like Flair, like Lynx. We also have some regional airlines.
Yes, it is difficult with the large landmass that we have, and certain regional connectivity, but we're going to make sure that we have an environment that is hospitable for airlines and that, at the same time, protects our airline workers and makes sure that they are well-compensated and that [there] are continuing to be Canadian jobs in the air sector.
There seems to be agreement across the board, across party lines, and certainly when you talk to passengers across the country, that something has to change. And you're saying that that change is coming. But why is it taking so long to get it right?
As much as I would like to forget the word COVID-19, we are continuing to live with the lingering impact of COVID-19 that has caused a lot of disruption to our economy, including the air sector. And we've seen the stress that the airline sector has faced because of the pandemic.
We're learning from the lessons that that stress has exposed and we're taking action. We are taking action faster than any other country. I actually would argue that there's very few countries around the world, even though they've experienced similar disruption, that are taking similar actions to Canada.
Interview produced by Kevin Robertson. Q&A edited for length and clarity
