What to know about your passenger rights ahead of possible Air Canada pilot strike
As travellers brace for a possible Air Canada pilot strike this weekend, many may be wondering what their rights are if their flights are impacted.
On September 9, the airline stated that talks with the Air Line Pilots Association (ALPA) are “nearing impasse over union’s excessive wage demands.” Air Canada is preparing for “an orderly shutdown” should both parties fail to settle.
A 72-hour strike notice could be issued any time after midnight on Sunday, September 15. That means job action could start Wednesday, September 18, with cancellations and a complete shutdown possible.
On Thursday, Air Canada said that if its contract negotiations with the pilot union fail, government direction for binding arbitration “will be necessary to avoid a major disruption.”
Prime Minister Justin Trudeau responded on Friday saying the government would not intervene.
Air passenger rights advocate Gábor Lukács shared more on what Air Canada customers should know about their rights if their flights get disrupted due to the strike.
“Preemptive” cancellations and passenger rights
Lukács noted any “preemptive” cancellations would be in Air Canada’s control and are not required for safety reasons or labour disruptions.
In the case of these types of cancellations, there is no strike just yet, just the possibility of one; therefore, “there is no objective causal relationship between the strike notice and the cancellations,” he said.
“Passengers whose flights are cancelled always have the option to opt for a full refund in the original form of payment, regardless of the reasons for the cancellation,” said Lukács.
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However, there are important distinctions to make if you decide to claim additional compensation as per the Air Passenger Protection Regulations (APPR).
The APPR says its compensation is “a fixed amount based on the size of the airline and the length of the delay arriving at your final destination airport.” This compensation amount is different than the airline refund amount.
If you choose to cancel your flight for a refund, you may be eligible for $400 per passenger (on top of your refund) as per APPR section 19(2)(a) because the preemptive strike cancellations were considered within the airline’s control.
However, if you decided to travel and were delayed at your destination due to a cancellation, you may be eligible for up to $1,000 per passenger (depending on the length of the delay). This amount is owed if you do not opt for a refund, Lukács noted.
Air Canada is required to rebook affected passengers’ flights within nine hours of their departure time. It also owes meals and accommodation under section 14 of the code.
If you were an impacted customer, Lukács said he would give Air Canada “one chance” to rebook on a competing airline.
He says he would record the call or interaction, and if ignored or refused, he would purchase a ticket with a competing airline and have Air Canada pay for all the expenses plus the standard APPR compensation.
If you decide to make a complaint for further compensation, you can use this form here.
Lukács’ Air Passenger Rights group also has more information on preemptive cancellations, which you can read here.
Cancellations during a strike
When an airline strike is underway, section 18 (1.1)(a) of the Air Passenger Protection Regulations (APPR) comes into effect.
Strike cancellations would be considered outside the carrier’s control.
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Lukács explained further that if Air Canada is unable to rebook passengers on its own or partners’ network to depart within 48 hours of its original departure time, then the airline will have to purchase passengers’ seats on a competitor airline at its own expense. This rebooking would need to arrange a flight at the airport where you’re located or another airport that is within “reasonable” distance of that airport.
No meals or accommodation would be owed in this situation. If Air Canada failed to comply with its rebooking obligation under section 18(1.1)(a) of the APPR, it would be responsible for covering those costs arising from breach of contract.
The Air Passenger Rights website has more details about strike cancellations here.
It is crucial to note this is not official legal advice. If you are impacted by any Air Canada delays or cancellations due to the strike, take time to carefully go through the APPR regulations.
What about trip insurance?
When it comes to travel insurance, InsureMyTrip.ca’s travel insurance expert, Meghan Walch, has a few tips about coverage for airport strikes.
Walch said it is important to carefully read the details of your policy because different plans may not cover strikes or interruptions in the same way or at all.
Some plans can offer trip interruption coverage if a flight is delayed due to an airline workers’ strike or if the flight leaves earlier or later than originally scheduled.
If you have coverage and your trip is interrupted, you may be eligible for reimbursement for the unused prepaid, non-refundable cost of the trip.
Plans may also have missed connection benefits for delays caused by strikes.”This benefit can help reimburse costs related to getting to your destination or catching up with your trip,” she said.
“In some cases, this benefit may be listed with Trip Interruption.”
Your plan also could have travel delay benefits in the event of a strike. This could help reimburse extra expenses like meals, accommodation, and transportation you paid for during the delay.
Remember, your coverage could be impacted depending on when you purchased it.
Walch said that if a plan offers coverage related to airline worker strikes, it does not apply if the policy was bought after the strike was announced.
For plans that cover strikes, travellers should take time to understand the definition “as it may include issues such as sickouts, but not other unrelated disruption.”
Have your travel plans been affected by the impending strike? Share your experience with us at [email protected].
With files from Irish Mae Silvestre.