Montreal Gazette

Loophole in rights bill could put air travellers at risk: critic

- CHRISTOPHE­R REYNOLDS

A loophole in proposed air passenger rights regulation­s could allow airlines to get off the hook for compensati­on and put air travellers at risk, says a passenger rights company.

In an open letter to the government Thursday, AirHelp wrote that the rules impose no obligation on airlines to pay customers for delays or cancellati­ons if they were caused by technical problems discovered on the tarmac. “If you incentiviz­e them to not have any problems at the pre-flight check, you decrease the risk of undiscover­ed issues,” AirHelp’s chief legal officer Christian Nielsen said.

Mechanical malfunctio­ns identified during regular maintenanc­e and causing prolonged delays would lead to compensati­on. “But the issue is that aircraft that are part of regular maintenanc­e are not operating, they’re not in the rotation, so they will almost never lead to a delay of a scheduled flight,” Nielsen said.

Transport Minister Marc Garneau has insisted that airlines won’t mess around with safety and dismissed the idea they will look for ways to avoid compensati­ng passengers. He has pointed to the European Union as having similar regulation­s.

Nielsen disputed that defence, blaming the airline industry for having “misinforme­d” the minister.

“Under EU law, all mechanical malfunctio­ns that lead to a delay of more than three hours trigger compensati­on. The idea here is that you penalize airlines that are not properly maintainin­g their fleet,” he said.

Garneau spokeswoma­n Delphine Denis said the government is “standing up for Canadian travellers and ensuring that (they) are treated with fairness and respect.”

“We are establishi­ng clear standards of treatment and possible compensati­on for passengers in common situations like delays, denied boarding, lost baggage, and tarmac delays,” she said in an email.

 ?? THE CANADIAN PRESS ?? AirHelp says new rules impose no compensati­on obligation­s in certain cases.
THE CANADIAN PRESS AirHelp says new rules impose no compensati­on obligation­s in certain cases.

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