Four hours before departure, Ryan Farrell is surprised to learn that his flight from Yellowknife to Calgary has been cancelled.
Air Canada rebooked him on a flight departing 48 hours after the flight's first takeoff time on June 17, citing "crew constraints."
Farrell was even more surprised to learn six weeks later that his request for compensation had been denied due to lack of staff.
"Your Air Canada flight has been delayed or canceled due to crew restrictions due to the impact of the COVID-19 pandemic, and the compensation you are requesting will not apply because the delay or cancellation will be
The refusal "feels like a slap in the face," said Farrell. and not because other factors made the flight inherently unsafe to operate," he said in an email.
``I think airlines are trying to capitalize on the general emotional connection people make between 'COVID-19' and 'safety,' but in reality, their logic and it doesn't work. "
Air Canada's response to Farrell's complaint was nothing special. The company said in his December 29 memo that it was "safe" to cancel flights due to staff shortages. instructed employees to classify it as a problem of The policy remains the same.
Canada's Charter of Passenger Rights, the Air Passenger Protection Regulation (APPR), provides that 14 days notice will be given to cancel or cause significant delay for reasons within the airline's control. obliges the airline to pay compensation of up to $1,000. before leaving. However, if the change is required for safety reasons, the airline does not have to pay.
The Canadian Transportation Agency (CTA), a quasi-judicial federal agency, has stated that treating staffing shortages as a safety issue violates federal regulations.
“If a crew shortage is the result of an airline's actions or omissions, the disruption is considered to be under the airline's control for APPR purposes. is considered “necessary for safety purposes” if it is the carrier that has caused the safety issue as a result of its own actions,” the agency said in an email.
This stance reinforces a decision made on July 8, three weeks before Farrell learned that compensation had been denied, in which the CTA was nearly exiled in a dispute over another airline's flight. It used the same language.The Regulatory Commission ruling in that case emphasized the obligations of airlines with respect to pre-planning to "ensure that they have sufficient staff to operate the services they provide."
In a December memo issued at the height of the COVID-19 omicron wave, Air Canada said: "
"Customers affected by these flight cancellations are entitled to standard medical care, including hotel accommodation and meals, but are not eligible for APPR claims or financial compensation."
According to staff instructions, this stance is "temporary." However, Air Canada confirmed in an email on July 25 that "due to the continuing exceptional circumstances brought about by the novel coronavirus variant, the policy remains applicable." 31}
Gabor Lukaci, chairman of the Air Passenger Rights Advocacy Group, said Air Canada was using loopholes in the Passenger Rights Charter to avoid paying compensation, citing transportation regulations.
"They misclassify something that is clearly not a safety issue," he said of Canada's largest airline, adding that this called the policy "terrible."
Consumers can challenge an airline's claim denials by complying with the CTA. However, agency backlogs exceeded 15,300 air travel complaints as of May. It also noted that it did not exclude safety reasons from the situation requiring compensation. Payments are only excluded as a result of "extraordinary circumstances" such as weather or political instability.
"This document, along with previous declarations and actions since the pandemic began, confirms that Air Canada's priority is to limit the cost of flight cancellations, rather than providing good service to its customers. It clearly shows that it is trying to do so,” said Sylvie de Bellefeuille, an attorney at the Quebec-based advocacy group Option Consomatuaire, after reviewing a copy of the order. , said:
She said Air Canada aims to discourage passengers from claiming compensation in the first place.
Air Canada disagrees with that characterization.
"Air Canada has, and continues to increase, more employees relative to flight schedules compared to pre-pandemic," the company said in an email.
"Air Canada has followed all public health directives as part of its safety culture, and last winter's Omicron wave has resulted in Due to the impact on crew availability in the department, we have revised our policies to better support our customers during their travels by increasing customer levels.Be mindful of flight cancellations related to crew battling COVID.
John Gladek, director of the aviation management program at McGill University, blames part of the blame for this "debacle" because transportation agencies have established looser rules than in Europe or the United States. said to be responsible for
"Telcos have focused on mitigating liability, seeking liability to mitigate liability, and insisting that delays are beyond their control. I am," he said in an email.
This Canadian Press report was first published on August 7, 2022.
