In a decision published on August 25the Canadian Transportation Agency (CTA) has ordered Air Canada to compensate passenger Lisa Crawford and her son $1,000 each after a flight cancellation delayed their August 2021 trip from their hometown of Fort St. John, BC, to Halifax almost 16 hours. According to the CTA, Air Canada initially told Crawford that the flight cancellation was caused by a crew shortage linked to COVID-19 and was safety-related — so she was not entitled to compensation. The airline’s response prompted Crawford to take her case to the CTA, a quasi-judicial tribunal. “Staffing and other aspects of operations are the employer’s responsibility to manage,” Crawford said in an email to CBC News. The CTA agreed, stating in its decision that Air Canada failed to provide evidence “demonstrating that the crew shortage was unavoidable despite proper planning,” so Crawford and her son must be compensated. Under Canada’s Air Passenger Protection Regulations (APPR), airlines must pay compensation – up to $1,000 per passenger – only if a flight cancellation or delay is within the airline’s control and not required for safety reasons. “I was thrilled with the CTA’s finding,” Crawford said, though she and others question whether the case will carry much weight. This because WestJet recently submitted a request to appeal A similar CTA decision in July where WestJet was ordered to compensate a passenger for a flight delay involving a crew shortage. The airline argues that the CTA’s decision was wrong because it was based on a misinterpretation of Canada’s air passenger rules. “Given the continued disagreement over how to interpret and/or apply the regulations, I believe the actual outcome for my case, and possibly many others, remains to be seen,” Crawford said. WATCHES | Overhaul of flight disruption compensation rules needed, experts say:

Experts are calling for a review of the rules for compensating travelers for flight cancellations

Transport Canada says it has received more than 7,000 complaints from airline passengers about flight cancellations since May. New refund rules coming in next month are expected to help some passengers, but there are still growing concerns that airlines have too much leeway to avoid paying.

According to the CTA, it has received 13,743 air passenger complaints since May 1, of which 87 percent are related to flight cancellations. The CTA’s decision in the WestJet case, issued on July 8, was supposed to help clear up some of these compensation disputes. In that case, WestJet initially denied passenger Owen Lareau of Ottawa compensation for a canceled flight, saying it was “impacted by flight crew availability and required for safety reasons.” In its ruling, the CTA clarified that personnel issues usually warrant compensation because, in general, they are the responsibility of an airline and cannot be categorized as a safety issue. The agency also ordered WestJet to pay Lareau $1,000. “Training and staffing are under the control of the airline and therefore crew shortages are under the control of the airline unless there is necessary evidence” to the contrary, said CTA spokesman Tom Oommen. in an interview. “It’s a high threshold.” But in a motion filed with the Federal Court of Appeals on Aug. 10, WestJet argued that, under the APPR, the CTA cannot assume that crew shortages warrant compensation and then put the burden on the airlines to disprove it. Consumer advocate and attorney John Lawford said WestJet is offering a narrow reading of the rules and that the CTA decision in July was intended to clarify them. “[The airline is] saying, “That’s cool, the actual wording of the regulations is all we’re going to follow and go to court.” “ WestJet, the CTA and passenger Lareau declined to comment on the case. John Gradek, a lecturer in aviation management at McGill University, believes some airlines will continue to deny compensation to passengers for flight cancellations caused by crew shortages — unless a court strikes down the law. (Francois Sauve/CBC) Former Air Canada executive John Grendek said he believes some airlines will continue to deny compensation for flight cancellations caused by crew shortages — unless a court strikes down the law. “They’ll continue down that path until they’re told otherwise,” said Gradek, a lecturer and program coordinator for McGill University’s aviation management program. “They’re going to keep trying to get away without paying, because it’s a very serious exit.” pic.twitter.com/R7of9da6DA —@emily13424099

“The Minister should beat these guys”

CBC News asked Air Canada if, like WestJet, it planned to appeal the CTA’s decision that it must pay Crawford and her son compensation. Spokesman Peter Fitzpatrick responded that the airline was unable to comment as it was still reviewing the decision. But Air Canada is already engaged in a legal battle challenging Canada’s compensation regulations. The airline is one of more than a dozen applicants, including the International Air Transport Association, which filed an appeal in 2019 the APPR. In that case, which is still before the Federal Court of Appeal, the plaintiffs argue that the regulations are “void” for international flights because they differ from the Montreal Convention, a treaty adopted by many countries — including Canada — that establishes the airline’s liability for flight disruptions. “I suspect that before Christmas, we will know from the Federal Court of Appeal whether or not the entire APPR regime will be thrown out,” said Lawford, executive director of the Public Interest Advocacy Centre. WATCHES | Passengers say they are being unfairly denied compensation:

Travelers say they are being unfairly denied compensation for Air Canada flight cancellations

Some travelers say they are being denied compensation for canceled Air Canada flights, as the airline claims flight disruptions are due to crew restrictions and beyond their control. Lawford said Federal Transport Minister Omar Alghabra should help passengers with compensation claims by sending a strong message to airlines that they must comply with the compensation rules set by the CTA. “The Minister should be flogging these guys, these airlines and saying, ‘How dare you, how dare you screw up my regulations,’” Lawford said. Since August, Alghabra has repeatedly issued public warnings to airlines that they must follow the rules. “Passengers have rights and they should be respected,” he said in a statement just last week. “We will continue to protect the interests of passengers when journeys do not go according to plan.” So far, however, the warnings have not stemmed the flood of air passenger complaints flooding the CTA. It currently faces a backlog of more than 23,000 complaints.