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TRAN Committee Report

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LIST OF RECOMMENDATIONS

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1 – Regulate How Airlines Communicate Service Disruptions 

That the Government of Canada consider updating the APPR to ensure that airlines communicate service problems (ex. flight delays, flight cancellations) in a detailed, timely and more transparent manner.

Recommendation 2 — Categorization of Delays and Cancellations 

That the Government of Canada review the process by which flight delays or cancellations may be categorized as within an air carrier’s control but required for safety purposes, and that it consider harmonizing the Canada Transportation Act and the Air Passenger Protection Regulations with European regulatory schemes in this regard.

Recommendation 3 —Burden of Proof

That the Government of Canada amend the evidentiary requirements in determining a passenger’s eligibility for compensation, to ensure that the burden of proof falls upon the airline to demonstrate why compensation should not be awarded.

Recommendation 4 – New Definitions

That the Government of Canada add definitions of the terms “ticket,” “reservation” and “cancellation” to the Canada Transportation Act.

Recommendation 5 – Compensation Payment Method

That the Government of Canada amend the APPR to ensure that passengers have the right to receive compensation through the same payment method used to pay for the original ticket rather than a travel credit or alternative flight, especially if the alternative flight does not permit the original purpose of the trip to be fulfilled.

Recommendation 6 — Service Standards for the Aviation Ecosystem

That the Government of Canada, in consultation with airlines, airport authorities, federal entities, and labour representatives, develop a clear and transparent service standards framework for all members of the aviation ecosystem, and that performance metrics be made easily available to the public.

Recommendation 7 — Temporary Loss of Baggage

That the Government of Canada act swiftly to address the issues raised by the Federal Court of Appeal with regard to Section 23(2) of the Air Passenger Protection Regulations and ensure that the protections afforded to passengers in relation to the temporary loss of baggage by that section are maintained in both the short and long term.

Recommendation 8 – Investigating Wrongful Donation of Baggage

That the Canadian Transportation Agency investigate the airline practice of donating passenger luggage, deemed to be lost, in order to inform future policy.

Recommendation 9 — Data Sharing

That the Government of Canada develop requirements for airlines to collect and make publicly available data on their internal complaint mechanisms, including the number, nature, and outcome of complaints and requests for compensation.

Recommendation 10 — Review of the Canada Transportation Agency

That the Government of Canada review the role of the Canada Transportation Agency within the current enforcement model for the Air Passenger Protection Regulations and that, in doing so, it consider the examples of administrative complaints agencies such as the Commission for Complaints for Telecom-television Services and the Ombudsman for Banking Services and Investments.

Recommendation 11 – A simpler Complaints Process for Air Travelers

That the Government of Canada reform the APPR complaints process to make it more simple for consumers to understand and exercise their rights; and in a manner that will lead more quickly to enforceable decisions by the CTA when appropriate.

Recommendation 12 – Costs of Processing APPR Complaints

That the Government of Canada require the costs for investigating and resolving APPR complaints be borne by the airlines in cases where the Canadian Transportation Agency reverses the airline’s decision, as a way to incentivize better customer service and fewer complaints.

Recommendation 13 – Application of CTA Rulings to All Affected Passengers

That the Government of Canada update the APPR regime so that when the CTA determines that a customer’s rights under the APPR have been violated, passengers on the same flight should be informed of the decision and provided an option to seek equivalent reimbursement/compensation if there are reasonable grounds to think they may have been affected by the same issue (ex. A flight delay or cancellation).

Recommendation 14 – Greater use of Existing CTA Authorities to Extend Rulings to All Affected Passengers

That the Government of Canada provide policy direction to the CTA to make it a standard practice to use their authorities, under section 67.4 of the Canada Transportation Act and subsection 113.1(3) of the Air Transportation Regulations to group complaints for passengers on the same flight, in order to expedite rulings, and ensure consistency.

Recommendation 15 – More Efficient Compensation Claims Processing

That the Government of Canada develop a system by which airlines automatically, and without passenger request, offer compensation to all passengers affected by a flight delay, cancellation, or denial of boarding, when circumstances fall within normal airline operations.

Recommendation 16 – Increase Public Awareness of APPR Rights

That the Government of Canada work to increase public awareness of passenger rights by strengthening requirements for airlines to clearly inform passengers of their rights under the APPR in simple language and in a manner that is easily accessible for all passengers (ex. through a link to the CTA website on electronic tickets; airline websites; signage and literature at airports; on-board announcements, etc.) and that the Government regularly measure public awareness of APPR rights among travelers to gauge the effectiveness of its work.

Recommendation 17- Ministerial Direction

That the Minister of Transport consider making greater use of the provisions under sections 49 and 43 of the Canada Transportation Act to direct the CTA to adopt the recommendations of the Committee’s report related to the implementation of the Air Passenger Protection Regulations.

Recommendation 18 – Complaint Transparency

That the Canadian Transportation Agency develop practices to maintain, and make publicly available, anonymized data of the outcomes of all complaints made to the Agency, including those resolved informally.

Recommendation 19 – CTA Backlog

The Committee expresses its disappointment with regard to the large and growing backlog of passenger complaints and urges the application of new strategies to resolve existing complaints in a timely way.

Recommendation 20 – Imposition of Financial Penalties

That the Government of Canada both raise the maximum and set mandatory administrative monetary penalties for violations of the Air Passenger Protection Regulations, so that the cost of violating the regulations is higher than the costs of abiding by them.

Recommendation 21 – Maximum Fines

That the Government of Canada amend the Air Passenger Protection Regulations, to reduce the threshold at which a small carrier is considered to be a large carrier.