Marc Garneau, minister of transportation and infrastructure, speaks during a funding announcement on Wednesday at the Port of Nanaimo’s cruise ship terminal. Garneau announced that the federal government is investing $46.2 million to expand the Nanaimo Port Authority’s Duke Point operations.

Marc Garneau, minister of transportation and infrastructure, speaks during a funding announcement on Wednesday at the Port of Nanaimo’s cruise ship terminal. Garneau announced that the federal government is investing $46.2 million to expand the Nanaimo Port Authority’s Duke Point operations.

As air rights rules set to land, Garneau readies to overhaul airport operations

This is the second phase of passenger-rights rules

Federal regulators are hoping a wave of new air passenger rights arriving this weekend will take the humbug out of holiday travel.

New rules will take effect on Sunday affecting flight delays and cancellations, including requiring airlines to seat parents beside or near their children at no extra cost, and compensate flyers for delays and cancellations within an airline’s control. Delays resulting from weather or mechanical issues are exempted.

The regulators are also promising public awareness help in the face of polling that suggests many people boarding flights don’t know about the new regime.

This is the second phase of passenger-rights rules. The first ones landed in mid-July and required airlines to compensate and respond to tarmac delays, denied boardings and lost or damaged luggage.

Transport Minister Marc Garneau’s mandate letter also shows he is to look at a much broader change to how Canada’s airports operate.

The marching orders from Prime Minister Justin Trudeau include making planes and trains more accessible; making Canada’s airports more efficient and accountable to travellers; and set standards to limit the amount of time travellers spend waiting at airport security.

“The model that has existed with our airport authorities for over 20 years has been a very good model, but it’s 20 years old and the world has changed,” he said.

“It’s a good time to re-look at the governance and the way things operate within our airports.”

The mandate letter was made public Friday morning just as Garneau was talking about the new suite of passenger rights.

ALSO READ: Travellers know little about air-passenger rights, Canadian poll suggests

AirHelp, a Berlin-based passenger rights company, has said the exemptions for weather or mechanical malfunctions doesn’t encourage airlines to avoid “so-called undiscovered issues” and allows them to sidestep compensation by pointing to malfunctions on the tarmac.

Other consumer rights advocates say getting monetary compensation is tough because it requires passengers to present evidence that is in the hands of the airline.

The rules rely on travellers filing complaints with airlines or, as a last resort, the Canadian Transportation Agency.

Agency chair Scott Streiner, said the number of complaints about air travel continues to rise and will likely top 10,000 for 2019.

Streiner said he was satisfied with the airlines’ overall efforts to comply with the first wave of rules and expected the same in the coming weeks. He also noted his agency didn’t hesitate to fine companies found in violation of the rules already in place.

But six months into the new regime, it isn’t clear how well things have worked because data about complaints rests with air carriers and isn’t yet public, said Ian Jack, the Canadian Automobile Association’s managing director of government relations.

A CAA-commissioned poll made public Friday found that just over half of respondents said they hadn’t heard or read anything about the rules aiming to protect flyers caught in travel nightmares.

“We clearly need a lot more public education on this so that people actually understand they’ve got these rights and that they start understanding how to exercise them,” Jack said.

“In order to get your rights, you need to know about them. So clearly the government and the carriers need to do a better job of letting people know about this new regime or it’s simply not going to work.”

The Leger poll of 1,517 respondents was conducted between Nov. 27 and Dec. 4, but can’t be assigned a margin of error because internet-based polls are not considered random samples.

John McKenna, who heads the Air Transport Association of Canada, said the stiff penalties could encourage carriers to exploit loopholes to avoid paying them.

“The greater that compensation level is, the more that’s going to incite the operators to be, well, creative in how they manage it,” McKenna said.

“We certainly don’t encourage that kind of stuff.”

Air Canada and Porter Airlines, as well as 15 other carriers and two industry groups, launched a legal challenge to the new rules over the summer, arguing the regulations exceeded the CTA’s authority. The legal challenge is currently before the Federal Court of Appeal.

Jordan Press, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Penelope the cat showed up safe and sound at her owner’s porch after an unusual trip through the news cycle in recent weeks. (Photo courtesy of Reuniting Owners with Animals Missing)
Penelope, cat and friend of the Victoria HarbourCats, returns home safe

The cat had an after an unusual trip through the news cycle in recent weeks

Work is progressing on the new student housing building at the University of Victoria. The building will be home to 398 students when complete in September 2022. (Photo courtesy of UVic)
VIDEO: Mass timber installation begins at UVic student housing project

Green technology plays key role in building that will be home to 398 University of Victoria students

Stanley Fischer (right) died while in a Victoria police jail cell hours after he was arrested on Nov. 15, 1981. Forty years later, his family is questioning his cause of death. (Photo courtesy of Mark Fischer)
Family wants investigation into man’s 1981 death while in Victoria police custody

Stanley Fischer’s death was ruled a suicide after he was found hanging in his jail cell

The Compost Education Centre is hosting its annual spring plant sale on May 8 at 1216 North Park St. Physical distancing protocols will be in effect during the sale, which runs from 10 a.m. to 2 p.m. (Black Press Media file photo)
This weekend: Tenth annual spring plant sale hosted by Victoria Compost Education Centre

The non-profit event Saturday, May 8 will feature numerous varieties of plants, live music

Saanich police detectives are investigating a reported sexual assault that occurred near Glanford Park on the evening of Dec. 29, 2020 and have shared an artist’s rendering of the individual. (Image via Greater Victoria Crime Stoppers)
Saanich police release sketch of suspect sought in December sexual assault

Anyone with information asked to contact detectives, Crime Stoppers

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
B.C. to start releasing neighbourhood-specific COVID numbers after data leak

Documents obtained by the Vancouver Sun show cases broken down by neighbourhoods

Ladysmith RCMP safely escorted the black bear to the woods near Ladysmith Cemetary. (Town of Ladysmith/Facebook photo)
Black bear tranquillized, relocated after wandering around residential Ladysmith

A juvenile black bear was spotted near 2nd Avenue earlier Friday morning

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix update B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 case count creeps up, seven more deaths

445 people in hospital, 157 in intensive care

Summerland’s positive test rate is much higher than surrounding local health areas, according to internal BC CDC documents. (BC CDC)
Summerland 3rd behind Surrey, Abbotsford in daily per capita COVID-19 cases

Interior Health is rolling out additional vaccine availability to the community

Amazon is pausing its Prime Day marketing event in Canada this year amid ongoing COVID-19 outbreaks at its facilities in Ontario. THE CANADIAN PRESS/Nathan Denette
Amazon Prime Day halted in Canada due to COVID-19 outbreaks in warehouses

The event was postponed to protect the health and safety of employees and customers, the company says

At this Highway 3 check point, police officers will be asking for identification from drivers, documentation regarding the driver’s name and address, and the purpose for the driver’s travel. (RCMP)
No fines handed out at 1st COVID-19 roadblock as checks move across B.C.

Cpl. Chris Manseau says a total of 127 vehicles were stopped at a roadblock in the Manning Park area

A spectator looks on as the Olympic Caldron is relit in downtown Vancouver, Wednesday, February 12, 2020. THE CANADIAN PRESS/Jonathan Hayward
Small majority of B.C. residents in favour of a Vancouver 2030 Olympic bid: survey

A new survey shows a split over the possibility of public money being spent to organize and host the winter games

Most Read