Enhanced protection of air passengers' rights on the way

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The new regime would establish clear standards for how passengers are to be treated in various situations, including cases of overbooking, delays, cancellations, long delays on the tarmac, or lost or damaged baggage.

by: Marc Garneau

Two weeks ago, I was disturbed, as many Canadians were, by the appalling incident that took place on board a United Airlines flight, when a passenger was forcibly removed from his seat.

I, like most others, found the incident shocking and upsetting. When I learned about this event, I wrote to all the airlines operating in Canada to tell them such actions are unacceptable in Canada. But Canadians are naturally wondering what air carriers can and cannot do.

When you buy an airline ticket, you expect and deserve that the airline will respect its agreement with you. When the terms of that agreement are not fulfilled, you should know your rights as a passenger, and be entitled to clear, transparent, and enforceable compensation, and certain standards of treatment when things do not go as planned.

To that end, I intend to introduce legislation to clarify the responsibilities of air carriers and the rights of travellers. The proposed legislation, which I will introduce in the coming weeks, grows out of consultations I held last year with stakeholders throughout the transportation system, including members of the public at large. The result of those consultations is Transportation 2030, an integrated national strategy to support the Canadian travellers and deliver a safe and innovative transportation system that promotes trade and economic growth, a cleaner environment, and the well-being of Canadians. One of the key themes of the Transport 2030 strategic plan is improving the traveller experience in Canada.

Current federal legislation under the Canada Transportation Act already outlines various obligations for domestic and international air carriers, as well as certain rights and recourse for travellers when they feel they are not treated properly. The act also provides a means, through the Canadian Transportation Agency, to assist, mediate, and adjudicate disputes.

After hearing from Canadians, and looking closely at practices under the air passenger rights regimes in the United States and European Union, I am proposing a new regime that takes the best practices from each.

The legislation I will introduce will seek to give a mandate to the Canadian Transportation Agency to develop new regulations to strengthen air passenger rights. The new regime would establish clear standards for how passengers are to be treated in various situations, including cases of overbooking, delays, cancellations, long delays on the tarmac, or lost or damaged baggage, to name just a few. Minimum compensation to be paid to passengers will be established under certain circumstances through the development of the regulations.

We are taking a balanced approach because we recognize that Canada's aviation industry is an important contributor to our economy and a major employer. While we have no intention of placing an undue economic burden on air carriers that would affect their competitiveness or the cost of air travel, a clear regime should be in place to protect air passengers.

Strengthened rights for air travellers is just one of the changes we plan to make in the near future, in our quest to improve the travelling experience for Canadians.

I also intend to introduce legislation to liberalize international ownership restrictions, expanding them from 25 per cent to 49 per cent of voting interests for Canadian air carriers. Broader international ownership should bring more competition to the Canadian air sector. This will mean more choice, and possibly lower prices for Canadians.

Transportation 2030 continues to guide our efforts to prepare our transportation system for the challenges of the 21st century. With the forward-looking plan our government has developed, we can improve the transportation system so that it better serves our country in the decades to come.

Marc Garneau is the federal Transport minister and MP for Notre-Dame-de-Grâce-Westmount, Que.

Reprinted with the permission of the Hill Times. For the online article click here.