From the CBC:
“Air
passengers losing patience with enforcement agency as backlog of complaints
balloons”
Canadians
whose travel plans have been derailed by flight delays or cancellations say
they're losing patience with the agency responsible for enforcing compensation
rules. The Canadian Transportation Agency (CTA) — a quasi-judicial tribunal and
regulator tasked with settling disputes between airlines and customers — has
been dealing with a backlog of air passenger complaints since new regulations came
into place in 2019 that require an airline to compensate passengers when a
flight is delayed or cancelled for a reason that is within the airline's
control. But that backlog has spiked in the last few months as a hectic summer
travel season has resulted in an increasing number of customers claiming
airlines are skirting federal compensation rules.
The CTA said
the backlog of complaints has risen to 18,200 after a spike in new grievances
filed in recent months. The agency said 7,500 new complaints were filed between
April and July this year, more than half of the amount of complaints it
received all of last year. "The CTA continues to process air passenger
complaints as quickly as possible, based on their merit, impartially and in a
rigorous manner," the agency said in a statement. But those who have
recently filed new complaints could be in for a long wait to get a response
from the agency.
Michelle
Jacobs waited nearly a year before hearing back 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 cancelled the family's flight
from Deer Lake, N.L., to Toronto citing staffing issues. "It's
frustrating," she said of the CTA process, "I mean there are laws put
in place for this type of stuff and it seems that they're just really holding
you off to see if you'll just go away." Jacobs said she had considered giving up her
CTA complaint, but after she was contacted last week by the agency she now has
a sliver of hope that an investigation of the case is proceeding.
Passenger
considering going to court instead Kevin Smith, who has been fighting Flair
Airlines for compensation since an initial flight from Vancouver to Ottawa on
New Years Eve was cancelled 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 not yet received a response. While he's
frustrated with Flair continuing to deny him what he said would be fair
compensation, he said the CTA not responding "makes everything
worse." "You can't rely on the 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 to allow passengers
to keep tabs on their complaints. Due to a current backlog, the site only
indicates that the agency will process a complaint as quickly as possible. Rather than waiting for the CTA to
respond, Smith said he is now considering taking Flair to small claims court,
something Gabor Lukacs, founder and president of Air Passengers Rights Canada,
has started recommending to passengers who contact him. "A judge
may or may not agree with them but they are going to get a fair and impartial
hearing which is way more than they can expect from the agency," Lukacs
said.
While the CTA
said it has been able to process complaints faster in recent years, it is
currently facing a staffing shortage and attempting to hire more facilitators
who can help resolve complaints. The government has allocated funding to the
CTA in recent years in an effort to address the backlog, including $11 million
in April's budget. When asked by CBC, Transport Minister Omar Alghabra didn't
say if the government is willing to do more to ensure the CTA can address the
backlog and instead said airlines need to comply with regulations. "Travellers
also have rights regarding refunds and these must be respected," Alghabra
said in an emailed statement. But Conservative transport critic Melissa
Lantsman said air passenger protections need to be strengthened because
Canadians are currently bearing the brunt of a weak system. "Whether it's
the CTA, whether it's the government, whether it's the airline, there is an
abdication completely of responsibility," Lantsman said. NDP transport
critic Taylor Bachrach agreed that regulations and enforcement need to be
bolstered and argued that the fact there are so many complaints in the first
place is indicative that airlines feel like they can get away with breaking the
rules. "The biggest problem is the airlines are making a mockery of these
air passenger protection regulations," he said. Both Lantsman and
Barchrach said the government needs to provide the agency with the resources
needed to ensure passengers are compensated, but Lukacs said the CTA also needs
to step up enforcement by issuing more fines when an airline breaks the rules. Under
the CTA's regulations airlines could face up to $25,000 per incident every time
they break air passenger protection regulations, something Lukacs said the
agency doesn't use often enough. "If airlines knew that they are going to
be facing hefty fines for each violation, they would not go that far," he
said. The CTA recently announced new regulations that would require airlines to
provide compensation or a rebooking even if a delay or cancellations isn't
within their control. Lukacs said the new regulations, which come into effect
on Sept. 8, could make the backlog worse.
^ It seems
Canada has a very long list of backlogs (from the CTA to Passports) and little
to nothing is being done to address these complaints or fix the backlogs –
which is leading to more backlogs and more complaints. ^
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