New regulations enacted by Canada’s federal government for airline passenger protections are set to take effect from 15th july.From today onwards air passengers travelling to, from and within Canada may be entitled to new compensation in the event that they are denied boarding or if an airline misplaces or damages their luggage. The new air passenger protection laws are the first of two rounds of new regulations going into effect this year.
According to a report by the Canadian Broadcasting Corporation (CBC), “Large airlines, those that have serviced two million passengers or more in the last two years, will have a slightly different regulatory regime than smaller airlines in some cases.”
The first phase of the new passenger protections and air carrier regulations pertains to lost or damaged luggage,flight delays and denied boardings. The rollout is the first of two phases, the second of which will take effect on December 15, 2019.The regulations will apply to all flights operating anywhere within Canada, including connecting flights.
Lost/Damaged Baggage:
New rules will ensure passengers whose luggage is damaged or misplaced by air carriers on flights to, from, and within Canada will soon be entitled to compensation of up to $2,100 (~$1609 USD).Such passengers will be eligible to file claims beginning the day following the one on which they were meant to have received their bags, and up to 21 days thereafter for lost luggage. Those whose baggage was delivered, but damaged, have up seven days to file their compensation claims.
Delays:
Flight disruption that are within an airline’s control— denials of boarding tarmac delays and flight cancellations—will require that compensation be paid to affected passengers, as per the pre-determined governmental guidelines. Whether delays are within or beyond an airline’s control, certain standards of passenger treatment must be upheld on the part of the airlines, and it is the carrier’s responsibility to see that each passenger’s itinerary be ultimately completed.
Standards of treatment during delays on the tarmac include ensuring that the aircraft is kept properly ventilated, with climate control and appropriate temperatures maintained at all times, and that all passengers have access to public toilets. The airline will also be held liable for providing passengers with food and drink, as well as the option to communicate with those outside the plane—free of charge, wherever possible. Tarmac delays that exceed three hours will require that the plane returns to its gate to allow people to deplane, unless departure is foreseen within 45 minutes following the three-hour limit.
Overbooking:
With few exceptions, the new protections will also extend compensation rights to passengers who are involuntarily denied boarding for up to $2,400 CAD (~$1,839 USD). Guidelines for such compensations will be based upon the length of time that a passenger is delayed from reaching his/her final destination, due to denied boarding:
— 0-6 Hour Delay: $900 CAD (~$690 USD)
— 6-9 Hour Delay: $1,800 CAD (~$1,379 USD)
— 9+ Hour Delay: $2,400 CAD (~$1,839 USD)
Phase II:
In December 15 when the phase two of the new passenger protections will come into effect, an air carrier need to compensate passengers for flight delays and cancellations, to be determined based upon the size of the airline. Carriers will also be required to ensure passengers’ arrival at their final destination, and in the same class of service, even if it means booking them on a competing airline. Other upcoming regulations will demand that children in specified age ranges be guaranteed seating within a certain proximity to a parent or guardian.
Canadian Transport Agency will charge fines up to $25,000 per incident on those airlines that fail to adhere to these new standards.
