Agency Kicks Air Complaints
Dale Smith,
The Canadian Transportation Agency has ruled it will not hear general complaints from consumers’ advocates on behalf of air passengers. The decision narrowing the scope of investigations pre-empts a cabinet decision on a statutory review of the Canada Transportation Act.
“This is terrible,” said Dr. Gábor Lukács of Air Passenger Rights; “It is very troublesome. I would have expected a reasonable action from the Agency would be to inform the public about this.”
The Agency’s ruling follows a 2015 complaint by Lukács alleging Porter Airlines Inc. withheld millions in compensation owed passengers for lost and delayed luggage. The airline under a 2013 order was required to reimburse passengers for expenses up to $1,800 for lost or delayed baggage. Lukács said Porter instead advised travellers they were entitled only to $25 coupons, and cited in evidence a transcription of voice recordings with Porter staff:
Lukács: “You are telling me that the policy of Porter has been just to compensate for this $25 voucher per 24 hours?”
Agent: “It has been like that for seven years.”
Lukács: “For seven years? Are you sure there is no other compensation for baggage delay?”
Agent: “I am absolutely positive.”
Lukács: “Are you sure there is no other compensation for baggage delay?
Agent: “I am absolutely positive.”
Lukács estimated the airline withheld up to $9 million in reimbursements. Porter denied any breach of regulations; assured regulators it had “refreshed the training of its employees”; amended wording of terms and conditions on its website; sent a corrective email to 2,485 passengers and argued Lukács had no legal grounds to complain since he’d not flown Porter – a point upheld by the Transportation Agency.
“There can be no suggestion that Mr. Lukács was personally or directly affected,” the Agency wrote in its Decision No. 121-C-A-2016; “His interest is purely academic.”
“Lukács chose to bring a speculative application regarding issues that did not affect him directly or personally and for which he had no evidence of any actual passenger being directly or personally affected,” said the Agency, which dismissed the case as moot since Porter said it had taken corrective measures; “Universal standing risks unduly burdening the Agency with frivolous or duplicative cases brought by those without sufficient interest to bring them.”
The Transportation Act section 37 states regulators “may inquire into, hear and determine a complaint concerning any act”. The Agency said the operative word is may inquire: “This permits the Agency to decide not to hear a complaint. A valid reason for not hearing such a complaint includes that the person bringing the complaint has no standing.”
Lukács said the conduct of the Agency “is not a question of legal duty – it’s a question of mandate”; “The fact is that they will do nothing about this,” he said. “It shows that they are in bed with the industry.”
The Agency did not respond to a request for comment. Transport Minister Marc Garneau was not available for an interview.
A Transport Canada statutory review earlier recommended the Transportation Act be rewritten to exclude complaints from consumer advocates who are not directly affected by service issues. Lukács has filed dozens of complaints on behalf of passengers at Air Canada, Air Transat, British Airways, Delta, SkyGreece Airlines, Sunwing Airlines Inc., United Air Lines and WestJet.
The review Pathways: Connecting Canada’s Transportation System To The World lamented “an overload of complaints by a very small number of well-meaning and highly motivated individuals seeking to strengthen passenger rights one case at a time in the absence of a strong industry-wide code.”
Pathways, written by former industry minister David Emerson, proposed instead that Parliament enact a Passenger Bill Of Rights mandating minimum levels of compensation for passengers who suffer flight delays, lost luggage, denial of boarding and other service disruptions