The Canadian Transportation Agency (CTA) — a quasi-judicial court and regulatory body tasked with resolving disputes between airlines and customers — has been dealing with a flurry of air passenger complaints since new regulations came into effect in 2019 requiring an airline to to compensate passengers when a flight is delayed or canceled for a reason within the airline’s control. But that backlog has grown in recent months as the hectic summer travel season has resulted in a growing number of customers who claim airlines are violating federal compensation rules.
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The CTA said the complaint backlog has grown to 18,200 following a sharp increase in new complaints filed in recent months. The agency said 7,500 new complaints were lodged between April and July this year, more than half of the complaints it received all of last year. “CTA continues to process air passenger complaints as expeditiously as possible, based on their merits, impartially and rigorously,” the agency said in a statement. But those who have recently filed new complaints could be waiting a long time to hear back from the agency. This chart shows the compensation air travelers could be entitled to depending on the length of their flight delay. (CBC) Michelle Jacobs waited almost a year before hearing from the CTA, and when she did it was only to confirm that she was filing on behalf of her two children. She filed a complaint in August 2021 after Air Canada canceled the family’s flight from Deer Lake, NL, to Toronto citing staffing issues. “It’s frustrating,” he said of the CTA process, “I mean there are laws put in place for this kind of thing and it seems like they’re just really holding you back to see if you’re going to leave.” Jacobs said she had considered dropping her complaint about the CTA, but after being contacted last week by the agency, she now has hope that the investigation into the case is ongoing.
The passenger is considering going to court
Kevin Smith, who has been fighting Flair Airlines for compensation since an early flight from Vancouver to Ottawa on New Year’s Eve was canceled and rebooked the next day, says he’s running out of patience with the CTA. Smith said he filed a complaint with the agency in early February, but has yet to hear back. While he’s disappointed that Flair continues to deny him what he said would be fair compensation, he said the CTA’s lack of response “makes everything worse.” “You can’t rely on enforcement, the laws are basically meaningless and it’s kind of like the wild, wild west,” he said. The Canadian Transportation Agency has a case tracker that allows passengers to track their complaints. Due to a current backlog, the website only indicates that the company will process a complaint as soon as possible. (Submitted by Kevin Smith) Rather than wait for the CTA’s response, Smith said he is now considering taking Flair to small claims court, something Gabor Lukacs, founder and president of Air Passengers Rights Canada, has begun suggesting to passengers who contact him. “A judge may or may not agree with them, but they will have a fair and impartial hearing which is far more than they can expect from the agency,” Lukacs said. While the CTA said it has been able to process complaints more quickly in recent years, it is currently understaffed and trying to hire more mediators who can help resolve complaints. The government has committed funding to the CTA in recent years in an effort to address the backlog, including $11 million in April’s budget. When asked by the CBC, Transport Minister Omar Alghabra did not say whether the government is willing to do more to ensure the CTA can deal with the backlog and instead said airlines must comply with regulations. “Travellers also have rights regarding refunds and these must be respected,” Alghabra said in an emailed statement. But Conservative transportation critic Melissa Lantsman said protections for air passengers must be strengthened because Canadians currently bear the brunt of a weak system. “Whether it’s the CTA, whether it’s the government, whether it’s the airline, there’s a complete disclaimer,” Lantsman said. NDP transportation critic Taylor Bachrach agreed that regulations and enforcement need to be strengthened and argued that the fact that there are so many complaints to begin with is an indication that airlines feel they can get away with breaking the rules. “The biggest problem is that airlines are making a mockery of these regulations to protect passengers,” he said. Both Lantsman and Barchrach said the government should give the agency the resources it needs to ensure passengers are compensated, but Lukacs said the CTA also needs to step up enforcement by imposing more fines when an airline violates rules. Passenger rights advocate Gabor Lukacs is questioning Transport Canada’s enforcement practices and says the agency should impose more fines when an airline violates regulations to protect air passengers. (CBC) Under CTA regulations, airlines could face up to $25,000 per incident each time they violate air passenger protection regulations, something Lukacs said the agency doesn’t use often enough. “If airlines knew they would face high fines for every violation, they wouldn’t go so far,” he said. The CTA recently announced new regulations that would require airlines to provide compensation or rebooking even if a delay or cancellation is beyond their control. Lukacs said the new regulations, which take effect on September 8, could worsen the delays.
