transportation Archives - Public Interest Advocacy Centre

Changes to Air Passenger Protection Rules weaken consumers’ rights: not cleared for takeoff

j.lawford — Mon, 24 Apr 2023 13:00:27 +0000

FOR IMMEDIATE RELEASE

OTTAWA, April 24, 2023 – The Public Interest Advocacy Centre (PIAC) reacted negatively to the announcement made today by the Minister of Transportation, Omar Alghabra, of proposed changes to the Air Passenger Protection Regulations (APPRs), saying the proposals weaken passengers’ rights by making their claims secret, blocking their access to full justice, and failing to remove airlines’ ability to claim routine safety exceptions to payment of claims, among other shortcomings.

“The Minister did not consult with Canadian consumers or air passenger protection advocates before proposing these ill-advised changes – so we won’t clear them for takeoff,” said John Lawford, Executive Director and General Counsel at PIAC. “Consumers shouldn’t support them either, because they will also give the Canadian Transportation Agency (CTA) too much discretion to determine new exceptions to passengers’ compensation claims and to change the claims process with administrative ‘guidelines’, and also the CTA may now allow air carriers caught breaking the rules to avoid fines by entering into compliance agreements,” he added.

The changes to the APPRs are found in the Government’s omnibus Budget Implementation Act bill, in Division 23. Such changes are often given little scrutiny in Parliamentary Committees due to the urgency of Budget implementation and the large size of Budget bills. Therefore PIAC called upon the Standing Committee on Transport, Infrastructure and Communities (TRAN) to study the Budget Implementation Act Bill and to recommend major amendments, or, simply the remove the Minister’s proposed APPR changes from the Bill.

“We are disappointed the Government did not see fit to simply pass Bill C-327, ‘An Act to amend the Canada Transportation Act (air passenger protection)’, introduced by MP Taylor Bachrach,” added Lawford. “That Bill would change Canada’s air passenger protection law to mirror that in Europe, which is the gold standard.”

For more information please contact:

John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ×125
jlawford@piac.ca
https://www.piac.ca/

social: @CanadaPIAC

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#UnitedAirlines: Why Canada Needs Air Passenger Protection Rules Today

piac_admin — Thu, 13 Apr 2017 16:03:56 +0000

Consumer protections for air travel passengers? What a crazy idea! This past week, U.S. air carrier United Airlines had to navigate an embarrassing and offensive incident which resulted from a passenger being physically dragged off a flight from Chicago, Illinois to Louisville, Kentucky to open up seats for other airline employees. The event prompted a public outcry and serious questions about the level of discretion airlines should have over their customers.
In 2015, PIAC recommended the creation of an Airline Code and an Air Passenger Complaints Commissioner in order to protect air travel consumers. (Photo courtesy of the Nigeria Model United Nations Society)
Canadian airline passengers may be asking the same question here, especially as there are few consumer protection rules and no bill of “air passenger rights” in Canada. The United States at the least has had clear and concrete air passenger rights in the case of flight and tarmac delays since 2009. The European Union also has regulations in place to protect air passenger rights in situations such as flight delays, flight cancellations, and lost baggage. In Canada, airlines are permitted to develop their own policies as to how they will treat passengers in cases such as flight delays, overbooking or lost baggage. Where a passenger disagrees with an airline’s remedy, they can complain to the Canadian Transportation Agency to resolve their specific issue, or file a lengthy legal application to challenge the reasonableness of the airline’s policy.

PIAC Calls for an Airline Code and an Air Passenger Complaints Commissioner

However, it is clear this is no longer enough. Canadians need a single standardized set of air passenger rules so they know they are entitled to certain rights in situations where a flying experience does not go smoothly. In 2015, PIAC prepared a report on Consumer Protections for Airline Passengers for the Canada Transportation Act Review Secretariat recommending the creation of an Airline Code and an Air Passenger Complaints Commissioner in order to protect air travel consumers. The Airline Code could include rules on flight delays and cancellations, delayed or lost baggage, overbooking and child passengers. The #UnitedAirlines incident shows what can go terribly wrong when airlines have full discretion to decide how their customers can be treated. All parties, both air carriers and consumers alike, could use a little air traffic control on these issues.

Transport Minister Confirms a Code is Coming – Hold Him to It

On Tuesday, Transport Minister Marc Garneau confirmed the Canadian federal government will introduce new legislation this spring, and the new “air passenger bill of rights” will address situations such as flight bumping. In PIAC’s view, this is the right step for Canadian airline consumers; a mandatory code of air travel rules could not come any sooner. PIAC will be watching for the new rules and advocating for your consumer rights and protections in air travel. We encourage you to contact your local Member of Parliament (M.P.) and the Transport Minister if air travel rights are important to you too.

PIAC believes additional clarity for air passengers is on the horizon. If air travel rights are important to you as well, contact your M.P. or write the Minister of Transport to let them know. (Photo courtesy of Pixabay)

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Popping the Hood: Car Stress Suggestions

piac_admin — Thu, 12 Jan 2017 14:24:24 +0000

Note: This post is for information purposed only and does not constitute legal advice. If you require legal advice, please contact a lawyer. You may wish to consult legal reference resources such as the Law Society of Upper Canada’s Lawyer Referral Service, Community Legal Education Ontario (CLEO), or the Canadian Bar Association’s list of Pro Bono Legal Resources in Canada.
Here at PIAC, we often receive emails and letters about consumer advocacy on a variety of subjects, some outside the scope of our expertise. Over the past few months, Canadian consumers have written us repeatedly regarding various struggles they have encountered regarding automobile ownership. According to Statistics Canada, over 11 million Canadians depend on their vehicle to get to and from work. As a result, we’re pleased to offer a few resources for those experiencing car troubles.

Photo Courtesy of Ryan McGuire
Step 1: Talk to your dealer. In most cases, consumers have already taken this step. However, it is worth inquiring since the source of your problem may have already been identified by your vehicle manufacturer or dealer. In addition, your issue may already be the subject of a recall or other remedy. You can search for vehicle recalls using Transport Canada’s Motor Vehicle Safety Recalls Database or consult Transport Canada’s Motor Vehicle Safety Directorate for other safety issues.
Step 2: If your concern remains unresolved after discussing it with your dealer, you may approach the organization that regulates the sale of motor vehicles in your province or territory. Usually, this is a vehicle industry council, such as the Alberta Motor Vehicle Industry Council (AMVIC), the Motor Vehicle Sales Authority of British Columbia or the Ontario Motor Vehicle Industry Council (OMVIC). In many instances, these organizations will investigate your concerns and offer a dispute resolution service.
Step 3: If the complaint remains in dispute after consulting the regulator, you may consider contacting the Canadian Motor Vehicle Arbitration Plan (CAMVAP). CAMVAP is a program for disputes between consumers and vehicle manufacturers. Alleged manufacturing defects or implementation of the manufacturers’ new vehicle warranty can be put before a neutral third party (arbitrator) for resolution. To reach CAMVAP, visit their website or call 1-800-207-0685.

Photo Courtesy of Evan Kirby
Consult An Experienced Honest Broker: At any point during this process, you may also consult an organization with expertise in the automotive sector from the consumer perspective, such as the Automobile Protection Association (APA). The APA disseminates information about automobile defects, advocates for improved automobile safety standards and promotes consumer information about the automotive industry in Canada. The APA routinely appears as a media commentator, and collaborates frequently with news programs such as CTV’s W5 to raise awareness on automotive issues. More information can be found on the APA website, or by calling 416-204-1444

Photo Courtesy of Burak Kebapci
PIAC hopes the vast majority of Canadian automobile owners never require this information. However, if you do experience car troubles, the resources listed here may help fix your problem and get you back on the road.
Jonathan Bishop has been a Research Analyst with the Public Interest Advocacy Centre (PIAC) since 2012. He has authored or co-authored numerous research studies from the consumer perspective on a range of issues including international wireless data roaming, customer loyalty programs and air passenger rights. He can be reached at jbishop@piac.ca.

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