Canadian Parliament debates tough airline passenger bill of rights

by Charlie Leocha on May 21, 2009

Jim Maloway, a New Democrat Member of the Canadian Parliament from Manitoba, introduced a tough “Airline Bill of Rights” modeled on the current EU passenger protection legislation that has been in effect since 1991. His proposed legislation comes with one-hour tarmac delay rules and tough penalties.

In a summary of his bill (C310) airlines are required to follow stringent passenger service rules. In case of cancellation of a flight passengers will be given a choice of reimbursement or re-routing as well as meals, refreshments and a means of communications. During delays of more than two hours passengers would get meals, refreshments, overnight accommodation if necessary and reimbursement should the delay last more than five hours. There are additional provisions for denied boarding and lost luggage.

The tarmac rights portion of the bill is exceptional and is in addition to any provisions of the current E.U. rules.

Tarmac rights
6. (1) If one or more passengers are on board an aircraft operated by an air carrier for a period of more than one hour while the aircraft is on the ground at an aerodrome, the air carrier shall provide passengers with
(a) electric generation service to provide temporary power for fresh air and lights
(b) waste removal service in order to service the holding tanks for on-board restrooms;
(c) adequate food and drinking water and other refreshments; and
(d) an opportunity to disembark from the aircraft if is possible to do so without causing any undue risk to the health or safety of the passengers or any other person or to the safe operation of the aircraft or any other aircraft.
Compensation
6 (2) The air carrier shall pay compensation to every affected passenger in the amount of 500 Canadian dollars for each hour in which one or more of the obligations set out in paragraphs (1)(a) to (d) are not met.

A C$500 per hour per passenger fine for violations has certainly gotten the attention of the airlines serving Canada.

The final fate of this bill has not been determined, however it passed its first legislative trials. Bruce Cran, President of the Consumer Association of Canada, noted that in reaction to the bill, four Canadian airlines have voluntarily established a 90-minute limit on tarmac delay.

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Tagged as: airline passenger bill or rights, tarmac delays

  • Frank

    In a summary of his bill (C310) airlines are required to follow stringent passenger service rules. In case of cancellation of a flight passengers will be given a choice of reimbursement or re-routing as well as meals, refreshments and a means of communications. During delays of more than two hours passengers would get meals, refreshments, overnight accommodation if necessary and reimbursement should the delay last more than five hours. There are additional provisions for denied boarding and lost luggage.
    ==========================================================

    HIGHER COSTS to operate the airline, where-oh-where do you think the MONEY to pay for all that will come from?

  • Drew

    Wow! Now, if we could get the US carriers to follow suit here… $500 per hour of delay per passenger? They just might listen!

  • Bill

    Frank – by asking where the money will come from, you are missing the point.

    The intent, I believe, is to make it sufficiently expensive so that they will not consider, under any circumstances, doing this.

    I support the bill, and hope that no airline pays the fine.

  • Frank

    On May 21st, 2009 at 12:12 pm Bill said Frank – by asking where the money will come from, you are missing the point.

    The intent, I believe, is to make it sufficiently expensive so that they will not consider, under any circumstances, doing this.
    ———————————————————————————————-
    In a summary of his bill (C310) airlines are required to follow stringent passenger service rules. In case of cancellation of a flight passengers will be given a choice of reimbursement or re-routing as well as meals, refreshments and a means of communications. During delays of more than two hours passengers would get meals, refreshments, overnight accommodation if necessary and reimbursement should the delay last more than five hours.

    Bill, Am I missing something, because I dont see WEATHER DELAYS being exempt from this legislation. Arent Tarmac delays usually a result of weather, hence, this legislation would include fog, tornadoes, severe thunderstorms, lightning, snow storms, etc.

  • Jordan

    Dear Passengers,

    I was just informed of this bill today and from the initial reading of it and from talking with a few pilots (I’m a pilot myself), I think this bill is ridiculous!

    Like Frank mentioned, I don’t believe it accounts for weather delays or anything of that sort. Most delays are out of control from the pilots and airline. It also is behooves the airlines to depart on time, they have enough penalties for being late for slot times and other administration fees, etc, they and specifically the pilots, don’t need added pressure. About weather delays, I can’t believe someone could possibly think they could make it law that the airlines are responsible for the weather!

    I can understand that people could be frustrated to get delayed and the only person or organization that’s easy to blame is the airline…. not the maintenance company, or the air traffic controllers, or the airline’s Director of Weather… (joke!) or anyone else. I think it should be pointed out to the passenger that this is not their right to travel on an airline, let alone demand that they leave precisely on time regardless of any factor! Passengers are provided with immense amounts of information and claiming ignorance regarding an airlines reputation or not knowing that airlines do experience delays, will just prove your lack of interest instead. If an airline has a bad reputation for being always delayed for mechanical reasons, no, that is not normal and you should fly with a different airline. You have that right!

    The main reason I’m against this bill other than the above mentioned points, is that, being a pilot, the last thing you want is a Passenger Bill of rights overriding the authority of the Pilot-in-Command’s authority to decide the proper course of action for his/her flight. As soon as you put undue pressure on the PIC of an aircraft, you significantly increase the chances of an accident and some of the biggest accidents in aviation have happened from a very small and non-apparent decision that ended up having grave consequences. Managing stress and other human factors is a big part of a pilot’s life. As pilots there are courses dedicated to Human Factors that you’re required to take. There are seminars on this topic as well as recurrent training throughout your whole career… if one thing goes wrong on a flight, who is the public going to be asking questions of? The Captain!

    As much as I hate being a customer and getting taken advantage of by big companies and feeling helpless, the majority of people need to get familiar with how an airline works and familiarize themselves with the aviation industry. It is not a taxi you hop into on Friday night to go out on the town, it’s a 500,000 lb (up to 975,000lbs) piece of metal that flies through the sky at 570 mph and you’re strapped to it! Getting to know a little bit about the aviation industry and the aircraft that you fly on would behoove you as passengers!

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