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Proposed Air Passenger Protection Changes Perpetuate Loopholes
FOR IMMEDIATE RELEASE

December 23, 2024

Halifax, NS (December 23, 2024) – Air Passenger Rights, Canada’s independent nonprofit consumer advocacy group for air travellers, is disappointed with the proposed amendments to the Air Passenger Protection Regulations (APPR). The government’s proposal seeks to maintain existing loopholes that have been frustrating travellers for years.

If the proposal becomes law, passengers whose flights are disrupted will not receive standardized compensation in the majority of cases. According to the government’s Regulatory Impact Analysis Statement (RIAS) published with the proposal, more than one-half (53%) of flight delays and more than two-thirds (69%) of flight cancellations will be classified as due to “exceptional circumstances” and not requiring the airline to pay such compensation.

The government proposes to treat as “exceptional circumstances” not only flight disruptions outside the carrier’s control, such as those caused by snow storms, but also those caused by unexpected maintenance, currently known as “within the carrier’s control but required for safety reasons.” In the European Union, airlines are required to pay passengers up to 600 EUR for flight disruptions caused by mechanical issues with their aircraft.

“The government’s proposal perpetuates the ‘required for safety reasons’ loophole that has been the bane of passengers for years,” said Dr. Gábor Lukács, president of Air Passenger Rights. “They are rebranding the same old loophole and hoping that no one will notice,” he added.

The APPR, which came into force in 2019, requires airlines to pay passengers standardized lump sum compensation for inconvenience caused by flight delay, cancellation, and denial of boarding in some limited circumstances.

The APPR has been criticized for its unnecessary complexity, its failure to meaningfully enhance passenger rights, and its multiple loopholes. Currently, the APPR allows airlines to refuse to pay standardized compensation to passengers if their flight was disrupted “for reasons within the carrier’s control but required for safety reasons.” In addition, the APPR defines “denial of boarding” narrowly to mean only situations when the flight is overbooked, and excludes passengers who are denied transportation due to the airline’s error.

Following two travel meltdowns in 2022 and public outcry about the APPR’s inadequacies, Parliament amended provisions of the Canada Transportation Act that provide the legal framework for the APPR in 2023, but left their implementation to the government. The proposed amendments to the APPR are the government’s first step toward implementing the changes ordered by Parliament.

The government acknowledged some of the APPR’s shortcomings, noting that "a passenger that should have been entitled to compensation in relation to a denial of boarding may not receive such" in the RIAS. Nevertheless, the government proposes retaining overbooking as part of the definition of “denial of boarding.” In the European Union, passengers who are denied transportation do not have to prove that the flight was overbooked in order to receive standardized compensation.

“It is perplexing that the government acknowledges the APPR’s shortcomings, yet fails to take meaningful remedial action,” said Dr. Lukács. “Canada needs an EU-style regime. It has been tested and it works,” he added.

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About Air Passenger Rights

Air Passenger Rights is Canada’s independent, nonprofit organization of volunteers working to make the travelling public aware of its rights and capable of enforcing them. The organization’s mission is to turn helpless passengers into empowered travelers through education, advocacy, investigation, and litigation.

For further information, please contact:
Dr. Gábor Lukács
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Twitter: @AirPassRightsCA
Facebook: http://facebook.com/AirPassengerRights

About Air Passenger Rights