Comments to the Regulations Amending the Air Passenger Protection Regulations

For several years now, Option consommateurs has been receiving a large number of calls and e-mails from consumers not only in Quebec, but also elsewhere in Canada, concerning travel-related problems. In particular, these consumers are seeking information to obtain reimbursement for the cost of tickets they have had to pay, or to obtain compensation when their flight has been delayed or cancelled. With this in mind, it is appropriate that Option consommateurs should be able to give its opinion as part of this consultation.

Overall, Option consommateurs supports the proposed amendments to the Air Passenger Protection Regulations. In particular, we welcome the paradigm shift in the case of flight delays or cancellations. Henceforth, carriers would be presumed responsible for the disruption, except in the case of exceptional circumstances for which the burden of proof rests with them. We therefore support the extension of the obligation to provide assistance measures (or standards of treatment) to all passengers, whatever the reason for the flight disruption.

However, we propose to prohibit overbooking, a practice that runs counter to the very principles of contract law. In addition, to better protect passengers' rights, we are proposing a number of changes to the draft regulation, including replacing the expression “standards of treatment” with terms that are simple and clear for travelers, providing a better framework for waiving refunds according to the initial method of payment, and maintaining a 21-day period after which baggage is considered lost.