Air Canada and WestJet continue to refuse compensation for flight disruptions due to crew shortages

A recent Canadian Transportation Authority (CTA) decision was supposed to help clear the air around flight compensation. 

On July 8, when ruled in the WestJet case, transportation regulators 10} In general, airlines cannot refuse to compensate passengers for flight disruptions due to crew shortages. Among them was Frank Michelle, who was denied compensation for lack of crew — .

"That's an insult," said Michel of Sask.

He and his wife Lee took Air He Canada in June. A couple's flight from Regina to Victoria he was delayed more than five hours. Then the second leg of the return flight was cancelled, so the couple spent the night at the Vancouver airport. 

"I have arthritis. My body aches and hurts. I sleep on freezing concrete floors," said Michelle, 67.

The couple filed for compensation. In total he will be $2,800 if eligible. But in late July, Air Canada dismissed Michelle's claim. In two of his emails reviewed by CBC News, the airline said that each flight disruption was due to "crew constraints" related to COVID-19 and that safety-related”. Under 

Federal Regulations, airlines are required to pay compensation only — up to $1,000 per passenger — disruptions are under the control of the airline and are not safety related. 

Michelle alleges that Air Canada has not followed the regulations. 

"I've already made it clear," he said. "This is not a safety issue. It's a management issue. Resources need to be managed."

"This decision doesn't seem to make any sense."

CTA announced last month. , which issued clarifications based on an incident in which WestJet refused to compensate a passenger, claiming his flight was canceled for safety reasons due to a manpower shortage. 

In its ruling, the CTA emphasized that staffing issues are primarily the airline's responsibility and usually require compensation. It therefore ordered WestJet to pay the passenger his $1,000. 

"The lack of crew is under the control of the airlines, unless there is compelling evidence, because training and staffing are under the control of the airlines," he said of the CTA. spokesperson Tom Oommen said in an interview. "It's a high threshold."

See: Airplane passengers say they were unfairly denied compensation:

They had little success. WestJet canceled the connecting flight, and Peach said the airline offered to rebook for a flight a day later — meaning would miss the wedding.  }

Fortunately, Peach found a Porter Airlines flight and arrived in St. John's about five hours later than originally planned, but still in time for the wedding. She said WestJet told her to book the flight and apply for her compensation.

Peach asked WestJet for compensation for the total $773 it paid for Porter's flight, and for the couple's delayed travel. , said in an email seen by CBC News that the flight cancellation was "due to crew availability and was necessary for safety reasons." 

This did not sit well with Peach, especially considering his recent CTA decisions.

"I don't know what's going on here," she said. "If the Canadian Transport Agency were to make a decision like this, I think it would be kind of a benchmark for all these [claims]."

Enforcement options "could include fines." Yes:" CTA

WestJet and Air Canada each declined to comment on their individual cases, but both said they comply with Federal Air Passenger Regulations. Air Canada said airlines should not be penalized for canceling flights for safety reasons. 

Ian, air passenger rights expert Jack said the CTA should threaten airlines with harsh penalties. 

"The main concern is whether regulators will put fear into the minds of carriers exactly. , is not trying to force them to follow the rules," said Jack, a spokesperson for the Canadian Automobile Association, a non-profit travel agency. 

"They should know that they can be caught, embarrassed, and ordered to duty by regulators." 

He of the CTA said Mr Oommen suggested severe penalties could be imposed on violating airlines. 

"In fact, we are considering all enforcement options...which may include fines."

On the other hand, Michel and Peach Both have filed complaints with the CTAbut it may be a long wait. The agency is currently handling a backlog of more than 15,000 complaints, Oommen said.

He said the CTA has recently made changes to streamline complaints processing and is looking to hire more staff.

However, Jack said he was concerned that the backlog would encourage airlines to ignore the rules: 

"They will pay today No need to pay, maybe in 2025."