The ongoing strike by Air Canada’s flight attendants has resulted in widespread flight cancellations, delays, and significant disruption for travellers. Passengers have reported that Air Canada’s customer service lines are not functioning properly, with calls being dropped, no callbacks provided, and email notifications advising of rebooking days or weeks later on Air Canada flights that are not guaranteed to operate. These practices raise serious concerns under Canada’s Air Passenger Protection Regulations (APPR).
A strike by a carrier’s own employees is deemed to be outside of the carrier’s control pursuant to s. 10(1)(j) of the APPR, which sets out Air Canada’s obligations.
Communication Obligations
- Air Canada communication obligations include:
- Informing affected passengers of the reason for the delay, cancellation or denial of boarding;
- Compensation availability;
- Recourse options, including complaints to the Canadian Transportation Agency;
- Updates every 30 minutes until new departure time is set or alternate arrangements are made;\
- Any new information must be shared as soon as feasible;
- Information must be given by audible announcements and, upon request, visible announcements; and
- Information must be sent by the passenger’s preferred method that is compatible with adaptive techniques intended to assist persons with disabilities.
Delay or Cancellation Obligations
- In the case of delay of three hours or more or in the case of cancellation, Air Canada must provide alternative travel arrangements or a refund.
- Air Canada must provide a confirmed reservation on the next available flight (Air Canada or a partner) within 48 hours, free of charge.
- If there is no flight available within 48 hours, the passenger may choose either a refund for an unused ticket or alternative travel arrangements free of charge.
- If the refund option is chosen, but the passenger is no longer at the point of departure, Air Canada must refund the ticket and provide a free flight back to the original point of departure.
- All passengers can request a refund anytime before being given a confirmed reservation.
Refund Obligations
- Air Canada must refund costs of extras if services were not provided or passengers had to repurchase them for a second time. A partial refund must also be issued if alternate travel arrangements provide for a lower class of service than the original ticket. The refund must go to the ticket purchaser and must be issued to the original payment method, unless the passenger consents in writing to another non-expiring method. The refunds must be completed within 30 days.
If you have been placed in a compromised position as a result of Air Canada’s flight attendant strike, and your rights have been violated leading to financial losses, please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation at 1 (844) DIAL JRJ. Our firm will be commencing a class action and/or mass tort action against Air Canada to recover these losses.
If you have been affected, we urge you to contact our office without delay and provide:
- Proof of your tickets and travel itinerary;
- Documentation of your financial losses; and
- Records of all communications with Air Canada.
Prompt action and thorough documentation will strengthen your claim and assist in ensuring appropriate compensation and accountability.