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

All Nations Driving Academy gets $360K boost from province

Terrace-based driving school bridges gap in services for remote northwest B.C. communities

VIDEO and PHOTOS: Thursday at the Spirit of the North Classical Music Festival

A brass fanfare, Classics on Main and a family folk dance were among the events on Day 2 of the fest

Skeena Watershed reopened for recreational pink and coho

Four sections and tributaries remain closed

Telkwa angler praises DFO salmon closure

Don Lambie says further actions are required including a seal cull and managing beaver dams

Skeena-Bulkley Valley candidates react to finding Trudeau broke ethics law

The election campaign is heating up before the writ has even dropped

Fashion Fridays: How to dress and feel powerful

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Toronto activist calling on federal parties to nominate more black candidates

Fewer than 20 black Canadians have been nominated so far, including some Liberal MPs seeking re-election

Portland, Oregon, awaits right-wing rally, counter protests

Patriot Prayer’s Joey Gibson surrendered Friday on an arrest warrant for felony rioting

Kraft Heinz brand baby food recalled in B.C. due to possibility of insects

The Canadian Food Inspection Agency says the product should not be consumed

First Nations women finally to be treated equally under Indian Act: Bennett

Canadian Feminist Alliance for International Action thanked the feds

Helicopter-riding dog Mr. Bentley now featured on cans of new B.C.-made beer

Partial proceeds from every pack go to Children’s Wish

‘Easy Rider’ star Peter Fonda dies at 79

Actor and writer was nominated for an Oscar for co-writing the 1969 psychedelic road trip movie

Bob Lenarduzzi out as Vancouver Whitecaps president

MLS team is at the bottom of the Western Conference standings

B.C. daycare operator denies negligence in death of ‘Baby Mac’

Infant died in early 2017 after biting an electrical cord, according to a lawsuit filed by his mom

Most Read