Two CBC Go Public investigations reported that Air Canada and WestJet cancelled flights citing safety-related maintenance, then used those working planes on other routes and denied passengers compensation.1 CBC says people across the country now want Transport Minister Steven MacKinnon to come down hard on both airlines.2
Our earlier post covered what CBC found. What’s new is the government’s answer, and what it means for passengers who were already refused.
What the minister said
On Parliament Hill, MacKinnon said the Canadian Transportation Agency is an “independent agency”.3 He told CBC News: “I’m reluctant to give them instructions directly”.4 At a committee meeting, a Conservative MP asked whether swapping aircraft to another route qualifies as a safety exemption, and the minister replied that the CTA is the regulator.56
In the passenger’s case CBC reported earlier, the regulator sided with the passenger and ordered Air Canada to pay the compensation, according to CBC.7 CBC reports that the CTA declined to issue an administrative penalty, even though the passenger asked for one.8 CBC also reports that the regulator didn’t fine WestJet in cases where, according to CBC, that airline incorrectly claimed safety-related maintenance.9 CBC reports that advocates have urged Ottawa for several years to change the regulations so that airlines can’t use safety-related maintenance as a reason to deny compensation.10
What the airlines say
According to CBC, Air Canada said in a statement to Go Public that it is allowed to move planes around, cancel flights and deny compensation.11 It described changes to schedules and assigned aircraft as operational adjustments.12 CBC reports that Air Canada’s position conflicts with previous CTA decisions, which, in CBC’s summary, said airlines can manage their schedules as they choose but must compensate affected passengers unless a mechanical issue is the direct cause of a cancelled flight.13 The conditions in the regulations themselves are set out below.
In the earlier WestJet cases, CBC reports, a WestJet vice-president said that when an unexpected issue occurs, the airline weighs which approach minimizes disruption for the greatest number of guests overall.14
CBC says that in dozens of emails to Go Public, passengers on various airlines described how their flights were cancelled due to maintenance and they were denied compensation, and they now wonder whether they too were wrongly denied.15 Whether any of those refusals was wrong depends on the facts of each flight.
What the rules say
The regulations treat a disruption that is required for safety differently from one that is simply within the airline’s control.16 Required for safety means required by law in order to reduce risk to passenger safety, and it excludes scheduled maintenance.16 It includes pilot safety decisions and is often a mechanical malfunction.16 Aircraft choice and planned maintenance are listed as within the airline’s control.17 The airline states the reason, and the exact cause may only be confirmed after contacting the airline or after a CTA complaint.18 When an airline says a mechanical issue was required for safety, that claim can be questioned.18
If the cause was within the airline’s control and not required for safety, and you were told 14 days or less before departure, a large airline owes $400 for arriving 3 to under 6 hours late at the destination on your original ticket, provided you ask the airline before the first anniversary of the disruption.17192021 On the same conditions, it owes $700 for 6 to under 9 hours and $1,000 for 9 hours or more.2223 If the cause and notice conditions are met but rebooking didn’t meet your needs and you took a refund instead, a large airline owes $400, again provided you ask before the first anniversary.24171921
If you were refused
Whatever happens to the wider debate, a refused passenger still has to take the next step.
If you haven’t asked yet, send your request to the airline in writing before the first anniversary of the day of the disruption.21 The airline must then pay or explain why compensation isn’t payable within 30 days.25
If your written request isn’t resolved within 30 days, you can file a complaint with the CTA.26 The proof that you contacted the airline must be in writing, such as emails, online form confirmations or chat messages with replies, and verbal accounts are not accepted.26 Passengers in the same party with the same itinerary and issue file one complaint together.27
Keep the airline’s refusal in its own words. If it names the aircraft or the maintenance problem, write that down too.
If your flight was cancelled or delayed, the free check shows whether you may be owed money for your own flight.17 Our guides explain the airline’s reason and how long you have to claim.1821