Canadian Transport Minister Steven MacKinnon is facing intense scrutiny following reports that major airlines, including Air Canada and WestJet, are using safety-related maintenance as a reason to deny passenger compensation. Investigations suggest that some carriers have cancelled flights citing maintenance issues while simultaneously using those same aircraft for different routes.

How does the maintenance loophole work?

Under current Air Passenger Protection Regulations, travelers are often entitled to compensation for delays or cancellations if the disruption is within the airline's control. However, airlines are not required to pay if the issue is deemed necessary for safety.

Read also Air Canada accused of using maintenance excuse to avoid payouts

According to a CBC Go Public investigation, some carriers have categorized disruptions as "safety-related maintenance" to bypass these financial liabilities. This allows airlines to avoid payouts even when the planes involved remain fully operational for other scheduled flights.

What is the government's response?

During parliamentary discussions, lawmakers questioned why current rules allow such practices. Minister MacKinnon noted that the Canadian Transportation Agency (CTA) operates as an "independent agency," stating he is "reluctant to give them instructions directly" regarding specific airline operations.

Consumer advocates are calling for stricter oversight and regulatory changes. Key concerns include:

  • The inability of passengers to verify the truth of maintenance claims.
  • The potential for airlines to misrepresent data to authorities.
  • The discrepancy between Canadian rules and the European Union, where maintenance is only a valid excuse in rare cases.

Sylvie De Bellefeuille, a consumer advocate with Option consommateurs, suggested that these reported instances might be "just a small tip of the iceberg."

FAQ

How much compensation can passengers claim?

Depending on the specific circumstances of the delay or cancellation, passengers may be entitled to up to $1,000 under existing regulations.

Why are airlines allowed to cite safety?

Regulations currently exempt airlines from paying compensation if the disruption is required for safety, a clause advocates argue is being exploited to avoid costs during routine scheduling shifts.