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Flight cancelled or delayed? These are your rights
Flight cancelled or delayed? These are your rights

CTV News

time22-07-2025

  • CTV News

Flight cancelled or delayed? These are your rights

You've packed your bags, planned your itinerary and booked your taxi to the to find out that your flight has been cancelled. So, what do you do now? The Canadian Transportation Agency (CTA), an independent, quasi-judicial tribunal of the Government of Canada, points out that it is up to the airline to accommodate you as soon as possible. 'In all situations, the airline must provide you with a new reservation on another flight if your original flight has been delayed for three hours or more, or if it has been cancelled,' states the organization's website. The CTA's mandate is to ensure that passenger rights across all modes of transportation are respected and protected. The terms and conditions of the replacement flight, according to Noovo Info, can differ depending on the reason behind the cancellation, and whether or not they are due to a complication caused by the airline. Can I get compensation? You may be entitled to compensation if your flight is delayed or cancelled and the situation is within the airline's control, such as a commercial decision or an avoidable technical problem. Events outside the company's control, such as adverse weather conditions, do not count. In addition, you can only get compensation if you find out about the cancellation or delay less than 14 days before your scheduled departure and you arrive at your destination more than three hours later than expected. Here is the compensation scale, according to the CTA, for major airlines: $400 if you arrive at your destination with a delay between three and six hours; $700 if you arrive at your destination with a delay between six and nine hours; $1,000 if you arrive at your destination with a delay of nine hours or more. If you choose a refund instead of rerouting, you are still eligible to receive $400. Examples of large airlines include Air Canada (including Jazz and Rouge), Air Transat, Flair Airlines and Porter Airlines. For smaller airlines: $125 if you arrive at your destination with a delay between three and six hours; $250 if you arrive at your destination with a delay between six and nine hours; $500 if you arrive at your destination with a delay of nine hours or more. If you choose a refund instead of rerouting, you are still eligible to receive $125. The size of your airline is indicated in the conditions of your ticket. You have one year to submit a claim for compensation due to a delay or cancellation, and the airline has 30 days to respond, either by making a payment or explaining its reason for refusal. Beyond compensation In addition to compensation, the Flight Claim platform points out that people can also be entitled to short-term assistance. This includes requesting refreshments and sufficient food depending on the wait time, two free telephone calls, telexes, faxes or e-mails, and hotel accommodation for one or more nights. Flight Claim adds that it is possible to ask for reimbursement for part of a journey not made, no longer required, or other such modifications to the original travel itinerary. What if I used a travel agent? Customers who employed travel agents licensed in Quebec can 'benefit from one of the best protections available' via the Compensation fund for customers of travel agents. Regulated by the Office of Customer Protection, the fund can reimburse travellers who are disappointed with the services they paid for. There are many scenarios covered under the fund, including severe bad weather, overbooking, natural disasters and political instability. Any tourist services purchased with a licenced travel agent are protected by the fund, including air tickets, bus transportation, hotel stays, cruises and excursions. This applies both to online purchases and those made directly with an agency. 'This is not the case when you book directly with the supplier, or when you buy from a travel agent outside Quebec,' the OPC stresses.

Lac-Megantic marks 12th anniversary as calls for improved rail safety mount
Lac-Megantic marks 12th anniversary as calls for improved rail safety mount

Global News

time06-07-2025

  • General
  • Global News

Lac-Megantic marks 12th anniversary as calls for improved rail safety mount

As citizens of Lac-Mégantic, Que., marked the 12th anniversary of a rail disaster that killed 47 people when a runaway train derailed and smashed into downtown, an advocate warned that more needs to be done to ensure rail safety. On Sunday, the town lowered flags to half-mast, laid flowers and organized a moment of silence to commemorate the July 6, 2013, tragedy. Officials also asked that the rail company not run trains through the area out of respect for the victims. But spokesman for a citizens' rail safety group believes not enough has been done to ensure the town's some 6,000 residents are safe from future disasters. Robert Bellefleur says trains have become longer and heavier, while a long-promised bypass to divert them from the city's core has not been built. Story continues below advertisement 'Before, trains were about 80 wagons long on average…trains are now more than 200 wagons, are more than 15,000 feet long with big locomotives that often weigh more than 150 tonnes,' said Bellefleur, who is a spokesman for a group of citizens who are working ensure better rail safety in Lac-Mégantic These 'monster' trains are travelling on rails lines built between 1880 and 1920 'for trains that were much lighter and much smaller,' Bellefleur said. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy He believes trains are more dangerous now than at the start of the 2000s, and 'it's not just Lac-Mégantic that's at risk.' 2:30 Trudeau announces Lac-Megantic rail bypass nearly 5 years after deadly train accident In recent months, he said citizens have noticed wear and erosion around railway culverts near the town's entrance, which is 'nothing to reassure citizens,' Bellefleur said. The Canadian Pacific Kansas City railway sent workers to the site, he said. Story continues below advertisement In a statement, CPKC said the tracks are in good shape and well-maintained. 'The rail line running through Lac-Mégantic is safe for rail operations, as confirmed by numerous regular inspections, including one carried out on Saturday,' said company spokesperson André Hannoush in an email. The 2013 derailment and fire destroyed much of the downtown core, forced about 2,000 people to evacuate their homes and spilled some six million litres of crude oil into the environment. The disaster happened when the brakes failed on a train parked in nearby Nantes and it barrelled down a slope and exploded in the heart of town. In 2018, the federal and provincial governments committed to joint funding for a rail bypass to send trains around Lac-Mégantic's downtown. While land expropriations took place in 2023, the Canadian Transportation Agency has yet to greenlight construction and has requested additional information on the project's environmental impacts. Some citizens in Lac-Mégantic and neighbouring communities have also become opposed to the bypass, citing concern with the route, cost and potential damage to wetlands and water supplies. Transport Minister Chrystia Freeland issued a statement on Sunday marking the anniversary, and saluting the courage of 'an entire community that, year after year, continues to rebuild itself with dignity and resilience.' She said the bypass was one of her priorities, and promised to work with the communities until it's completed. Story continues below advertisement Bellefleur, for his part, said Freeland is the sixth federal transport minister to make such promises. 'In that time, the years go by,' he said.

Air passenger rights group files court challenge to 'unconstitutional' rules it says muzzle travellers
Air passenger rights group files court challenge to 'unconstitutional' rules it says muzzle travellers

CBC

time03-06-2025

  • Business
  • CBC

Air passenger rights group files court challenge to 'unconstitutional' rules it says muzzle travellers

Social Sharing Jill Rorabeck says she wishes she'd never turned to Canada's airline regulator to settle her dispute with Swoop Airlines. Not only did the Canadian Transportation Agency (CTA) side with the airline, Rorabeck can't even share the details of her dispute. The Toronto woman submitted a complaint almost three years ago with the CTA, which acts as a mediator between airlines and passengers in air travel complaints. She learned in January that she lost her case, but due to legislation passed in 2023 that prevents passengers from sharing full details of CTA decisions, she's not allowed to reveal key information about what happened. "No one can warn others about their experiences," said Rorabeck. "There is zero accountability on the part of the airlines or the CTA." The Air Passenger Rights organization — a Halifax-based nonprofit — has now filed a constitutional challenge in Ontario's Superior Court of Justice, arguing Canadians should have access to the decisions made by the CTA's quasi-judicial tribunal. "We believe that the way the complaint process has been set up at the Canadian Transportation Agency violates fundamental rights," said Air Passenger Rights founder Gábor Lukács. At issue is section 85.09(1) of the Canadian Transportation Act, which says once the CTA issues a decision, neither the airline nor the passenger involved is allowed to openly share the details — unless both parties agree. Since that rule was implemented, not a single case has been made fully public, which Lukács says gives airlines the strategic advantage of having access to previous rulings while passengers remain unaware of how complaints are being decided. "The only entities that benefit from this are the airlines," said Lukács. "Individual passengers don't have the experience or don't have the knowledge of what arguments work and don't work while the airlines compile these huge databases of their own cases." Prior to the 2023 changes, full decisions issued by the CTA were posted online, but now only basic information is available. So key details, such as the reasons behind a ruling, remain confidential. The regulator says the new system is faster, fair and more efficient. The lawsuit argues that the CTA has a quasi-judicial role, so rules that muzzle passengers violate the open court principle in law, which says court proceedings should be open to the public. It's a fundamental aspect of a democratic justice system, ensuring transparency and public confidence in the legal process, says Paul Daly, a constitutional lawyer and research chair in the Administrative Law and Governance program at the University of Ottawa. "The fact that decisions are not published and proceedings are kept confidential, it tilts the playing field in favour of the airlines," said Daly. "I, you or anyone else should be able to walk into any courthouse in the country any day of the week and attend a hearing or access documents … that are in the registry." As part of its legal argument, Air Passenger Rights asked for the decisions, reasons and all documents for five air passenger complaint files last July in an effort to demonstrate that the CTA systematically denies all such requests. The secretariat of the agency denied the request a month later, citing section 85.09(1) of the Canadian Transport Act as the basis for its refusal. "They are trying to use this provision as a way of refusing to disclose information that should be disclosed," Lukács said. The lawsuit argues that the current rules prevent Air Passenger Rights from doing its job, because it needs to know how complaints are being decided in order to provide information and resources to passengers and push for improvements. It also argues that the secrecy around decisions prevents media and other organizations from "effectively communicating information about air passenger complaint proceedings." The lawsuit calls for a hearing to be held by video conference. No date for the hearing has been set.

WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities
WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities

Calgary Herald

time02-05-2025

  • Business
  • Calgary Herald

WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities

Article content WestJet has lost its application to stop a proposed class-action lawsuit that claims the airline is unfairly charging passengers with disabilities extra fees when they need more space on international flights, according to a B.C. Appeal Court decision. Article content The class action was launched in 2021 in B.C. Supreme Court by Canadian Paralympian Paul Gauthier and Christopher Reaume — who use wheelchairs and need extra seating to accommodate their disabilities — against WestJet and other Canadian airlines on behalf of passengers with disabilities. Article content Article content The suit alleged WestJet's levying of extra charges against passengers with disabilities who require extra space contravenes existing provincial consumer protection, and is unconscionable and unenforceable. Article content In 2008, the Canadian Transportation Agency required Canadian airlines to stop charging extra fares or fees to passengers needing more room because of disabilities. But that regulation didn't apply to international flights. Article content The proposed lawsuit is asking for Canadian airlines to follow provincial consumer laws and stop charging the fees on international flights. It seeks damages for the class members and reimbursement for past charges. Article content In 2023, WestJet asked the B.C. Supreme Court to throw out the case, arguing it was a claim for discrimination that could be remedied under the Canadian Transportation Act or the Canada Human Rights Act and should not go to the courts. Article content The B.C. Supreme Court refused the throw out the case, so WestJet appealed. Article content Article content Now the Appeal Court has sided with the B.C. Supreme Court in a decision written by Justice Gail Dickson and agreed to by Justice Lauri Ann Fenlon and Justice Janet Winteringham. Article content Article content WestJet also argued the lawsuit was bound to fail because the federal regulations for accessible transportation for passengers with disabilities allows it to charge fares per seat and not per person. Article content It also argued that federal rules take precedence over the provincial consumer protection laws. The Appeal Court justices disagreed, saying the federal regulations could be compatible with the provincial consumer protection law. Article content The Canadian Transportation Agency, which provides passengers with disabilities equal access to transportation, had earlier rejected WestJet's argument in a case about domestic flights that 'one-person, one-fare pricing would be prohibitively expensive and heavily abused,' according to Dickson's judgment. The agency said WestJet would lose about 16 cents on average in revenue per flight, which it said was not an undue hardship. Article content Article content

WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities
WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities

Vancouver Sun

time02-05-2025

  • Business
  • Vancouver Sun

WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities

Article content WestJet has lost its application to stop a proposed class-action lawsuit that claims the airline is unfairly charging passengers with disabilities extra fees when they need more space on international flights, according to a B.C. Appeal Court decision. Article content The class action was launched in 2021 in B.C. Supreme Court by Canadian Paralympian Paul Gauthier and Christopher Reaume — who use wheelchairs and need extra seating to accommodate their disabilities — against WestJet and other Canadian airlines on behalf of passengers with disabilities. Article content Article content The suit alleged WestJet's levying of extra charges against passengers with disabilities who require extra space contravenes existing provincial consumer protection, and is unconscionable and unenforceable. Article content Article content In 2008, the Canadian Transportation Agency required Canadian airlines to stop charging extra fares or fees to passengers needing more room because of disabilities. But that regulation didn't apply to international flights. Article content The proposed lawsuit is asking for Canadian airlines to follow provincial consumer laws and stop charging the fees on international flights. It seeks damages for the class members and reimbursement for past charges. Article content In 2023, WestJet asked the B.C. Supreme Court to throw out the case, arguing it was a claim for discrimination that could be remedied under the Canadian Transportation Act or the Canada Human Rights Act and should not go to the courts. Article content The B.C. Supreme Court refused the throw out the case, so WestJet appealed. Article content Article content Now the Appeal Court has sided with the B.C. Supreme Court in a decision written by Justice Gail Dickson and agreed to by Justice Lauri Ann Fenlon and Justice Janet Winteringham. Article content Article content WestJet also argued the lawsuit was bound to fail because the federal regulations for accessible transportation for passengers with disabilities allows it to charge fares per seat and not per person. Article content It also argued that federal rules take precedence over the provincial consumer protection laws. The Appeal Court justices disagreed, saying the federal regulations could be compatible with the provincial consumer protection law. Article content The Canadian Transportation Agency, which provides passengers with disabilities equal access to transportation, had earlier rejected WestJet's argument in a case about domestic flights that 'one-person, one-fare pricing would be prohibitively expensive and heavily abused,' according to Dickson's judgment. The agency said WestJet would lose about 16 cents on average in revenue per flight, which it said was not an undue hardship. Article content Article content

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