FlyerTalk Forums - View Single Post - Master thread Air Canada Refunds vs credits; Class action lawsuit filed
Old Jul 3, 2021, 9:33 pm
  #1635  
strickerj
 
Join Date: Jun 2015
Location: DTW
Programs: Alaska, Delta, Southwest
Posts: 1,663
Originally Posted by nli007
What is considered as "Uncontrollable" within the context of COVID-19 cancellations has guidance from the CTA via Determination No. A-2020-42 actually (Link: https://otc-cta.gc.ca/node/569158) It states:[8] Section 10 of the APPR provides a non-exhaustive list of situations considered outside the air carrier’s control (the third category above). These include medical emergencies and orders or instructions from state officials. In the context of the COVID-19 pandemic, the following would be considered outside a carrier’s control:
  • flight disruptions to locations that are covered by a government advisory against travel or unnecessary travel due to COVID-19;
  • employee quarantine or self-isolation due to COVID-19;
  • employee refusal to work under Part II of the Canada Labour Code, R.S.C, 1985, c. L-2, (or equivalent law) due to COVID-19; and
  • additional hygiene or passenger health screening processes put in place due to COVID-19.
Note that bolded part is mine. As Canada has issued a non-essential travel advisory for ALL international travel back on March 13, 2020, thus, any cancellations between Canada and the United States can be deemed an "uncontrollable" cancellation per CTA's guidance materials via this determination. Whether or not another airline is still operating between the same two city pairs is immaterial.
By that logic, any maintenance delay or cancellation between Canada and the U.S. for the last year and a half would be covered. I'd interpret the bolded part as being a disruption as a result or consequence of the advisory.
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