Staff in Transportation Minister Omar Alghabra’s office were unclear if a strike by WestJet pilots in May would fall under a category within the Air Passenger Protection Regulations — legislation they helped write.
In email correspondence obtained by Global News through an access to information request, staff from Alghabra’s office sought clarification of WestJet’s obligations under the Air Passenger Protection Regulations (APPR) on May 16 — three days before the airline and union announced an 11th hour deal to avert what would have been a potentially catastrophic disruption ahead of the Victoria Day long weekend.
“Does a strike currently fall under the APPR category of ‘not under the airlines control?’” staff asked AAROP Issues Management — a generic mailbox for an issues management team within Transport Canada’s Civil Aviation Group.
“Since other airlines are almost at full capacity this time of year, and a few of their destinations aren’t served by Canadian airlines, how will WestJet be able to rebook passengers in under 48 hours on a competitor’s flight?”
AAROP replied that APPR questions should be directed to the Canadian Transportation Agency. It added that from a Transport Canada perspective, measures were in place to make sure any flight operations that continued would do so safely and in accordance with Canadian Aviation Regulations.
Prime Minister Justin Trudeau’s government first introduced the APPR in 2019, and recently proposed amendments earlier this year to overhaul it. It’s commonly referred to as an air passenger bill of rights, or air passenger protections law.
Alghabra said in March the government was working to close a loophole that allows airlines to deny customers compensation for cancelled flights.
Under the current APPR, a labour disruption within the carrier or within an essential service provider, such as an airport or an air navigation service provider, is considered outside an airline’s control. As a result, any disruption in travel plans due to a work stoppage or strike are not eligible for additional passenger compensation that must be offered when delays are within airline control.
Currently, a passenger is entitled to between $125 and $1,000 in compensation for a three-hour-plus delay or a cancellation made within 14 days of the scheduled departure — unless the disruption stems from events outside the airline’s control. The amount varies depending on the size of the carrier and the length of the delay.
WestJet did cancel more than 200 cancelled flights in anticipation of a strike.
Nadine Ramadan, a spokesperson in the transport minister’s office, told Global News in an emailed statement Thursday that staff wanted to confirm the interpretation of the legislation.
“Given that there has never been a work stoppage of this magnitude since the entry into force of the legislation, we wanted to confirm the interpretation of the legislation of 2019,” she said.
“The minister’s office will always seek the advice of experts on matters related to regulatory and legal compliance, particularly during significant situations like major disruptions.”
Ramadan added that “major changes” are coming to the APPR.
“The exact exceptions of what is outside the control of the airlines will be defined by a precise list to avoid interpretation and vague categories,” she said.
“It was our Liberal government that implemented air passenger rights for the first time in Canada’s history and we will continue to strengthen them.”
Earlier this month, the second collective bargaining agreement between WestJet and the Air Line Pilots Association was ratified.
Some 1,800 pilots were poised to walk off the job just before the Victoria Day long weekend.
The union had said WestJet pilots were falling behind their North American counterparts in recent years with regard to critical contract provisions, including job protections, career advancement, pay and scheduling flexibility.
Experts have said the deal sets a new standard in Canadian aviation that will put pilots closer to U.S. pay levels and raise costs for airlines still recovering from hundreds of millions of dollars in losses during the pandemic.
In light of the deal, Air Canada pilots kickstarted the bargaining process with their employer in an attempt to hash out a new deal.
The decision comes after the pilots’ group invoked a clause to end its 10-year collective agreement a year early and launch negotiations for a new one.
The Air Line Pilots Association’s Air Canada contingent represents about 4,500 employees.
— with files from The Canadian Press
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