Canadian Air Carriers Fight Off Passenger Bill Of Rights

November 3, 2009 5:00 a.m. EST

Ottawa, Ontario (AHN) - Canadian air carriers continued their months-long battle against the proposed Passengers Bill of Rights. In a hearing on Bill C-301, a private member's bill authored by Manitoba MP Jim Maloway, the National Airlines Council of Canada head said approval of the bill would cause airfare to go up and safety may drop.

The bill, patterned after the European Union's 2005 Airline Passenger Bill of Rights, seeks compensation for air passengers who fail to leave because of overbooked flights, tarmac delays and cancelled flights outside weather disturbances and extraordinary circumstances.

Council director Brigitte Hebert said the bill is about penalties and not passenger safety. The council unsuccessfully attempted to block the bill in spring by writing to all MPs, arguing that air passengers' safety are at a risk if the bill becomes a law.

The bill proposes a fine of $1,200 per passenger who could not fly because of overbooked flights and $500 for every stranded flier for over an hour on the tarmac if the air carrier fails to give proper services and an opportunity to disembark if it could be done safely.

In a position paper the council released in May, the NACC said a law is not necessary because the council members - made up of Air Canada, Air Jazz, WestJet and Air Transat - are implementing a strong passengers rights regime within the law and enforceable by the Canadian Transportation Agency. It cited the amendment by the four Canadian airlines of their contracts of carriage with passengers on April 24, 2009 to include all provisions and obligation listed in the code of conduct of Flights Right Canada.