As part of the consultations on the Regulations Amending the Air Travellers Security Regulations (Canada Gazette, Part I, Volume 158, Number 51, December 21, 2024), Option consommateurs presents its observations. For several years now, Option consommateurs has been receiving a large number of calls and e-mails from consumers not only in Quebec, but elsewhere in Canada, concerning problems related to travel. In particular, these consumers are asking for information to obtain reimbursement for tickets they have had to pay for, or to obtain compensation when their flight has been delayed or cancelled. With this in mind, it is appropriate that she should be able to give her opinion as part of this consultation.
On the whole, 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 also 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.
