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AC Comments on Proposed Transportation Modernization Act (Passenger Bill of Rights)

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AC Comments on Proposed Transportation Modernization Act (Passenger Bill of Rights)

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Old May 16, 2017, 4:39 pm
  #1  
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AC Comments on Proposed Transportation Modernization Act (Passenger Bill of Rights)

http://www.stockhouse.com/news/press...ernization-act

MONTREAL, May 16, 2017 /CNW Telbec/ - In response to the announcement today by the Canadian Government of its proposed Transportation Modernization Act, Air Canada provided the following statement:

Air Canada welcomes the Government's desire to establish air passenger rights that are clear, consistent, transparent and fair for passengers and air carriers industry-wide. We believe it is in the interest of all parties to create a more predictable and fair system that applies to all airlines operating in Canada, which is not currently the case. Air Canada looks forward to participating in the consultation process relating to the new regulations over the coming months.

The increase of foreign ownership limits to 49 per cent (from 25 per cent) should provide improved access to international investors and global capital markets for Air Canada.

The proposed amendments to the legislative provisions governing joint ventures in the airline industry should facilitate the opening up of new markets by Air Canada and its joint venture partners and accelerate projects that are currently under consideration.

Regarding the CATSA proposed amendments, we would have hoped that the Government would have addressed shortfalls in CATSA funding and other shortcomings in a more comprehensive fashion so as to improve the overall air traveller experience. In addition, we continue to encourage the Government to address aviation industry infrastructure, rates, taxes and charges.


-----------------------------

Link to the actual legislation:

http://s3.documentcloud.org/document.../Bill-C-49.pdf
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Old May 16, 2017, 9:16 pm
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Well let's see ...

"Air Canada welcomes the Government's desire to establish air passenger rights that are clear, consistent, transparent and fair for passengers and air carriers industry-wide."

Fine someone read the management book.

"We believe it is in the interest of all parties to create a more predictable and fair system that applies to all airlines operating in Canada, which is not currently the case."

Sounds pretty snarky to me.

"Air Canada looks forward to participating in the consultation process relating to the new regulations over the coming months."

Not as much as the people who fly AC are.

"Air Canada constantly strives for customer service excellence, and is committed to doing so within a cost competitive framework."

You failed.

"The airline is recognized as the only international network carrier in North America to receive a Four-Star ranking according to independent U.K. research firm Skytrax."

Seriously, still?
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Old May 16, 2017, 9:29 pm
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Originally Posted by jc94

"the airline is recognized as the only international network carrier in north america to receive a four-star ranking according to independent u.k. Research firm skytrax."

seriously, still?
never forget

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Old May 16, 2017, 11:18 pm
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Right right. Now where's my comfort Unicorn.
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Old May 17, 2017, 4:53 am
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Originally Posted by jc94
Right right. Now where's my comfort Unicorn.
...in Calgary for the night while its girlfriend is in saskatoon.
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Old May 17, 2017, 7:46 am
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"“We have all heard recent news reports of shoddy treatment of air passengers,” Garneau said at a news conference. “Such incidents will not be tolerated in Canada. When Canadians buy an airline ticket, they expect the airline to keep its part of the deal.”


He said there will be minimum levels of compensation for people who voluntarily agree to be bumped from a flight and if airlines can’t get a volunteer, they will have to decide if they want to up the ante to persuade someone to get off."

http://www.financialpost.com/m/wp/ne...bill-of-rights

What does this mean for IDB?
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Old May 17, 2017, 8:14 am
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Originally Posted by yulred
What does this mean for IDB?
It doesn't seem to mean anything specific -- yet. The legislation is not particularly prescriptive. It empowers and directs the CTA to create a regulatory framework, and empowers the minister to provide further directions to the CTA as the minister sees fit. (Loosely translated from legalese)

'Tis but the prologue, for a book yet to be written!
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Old May 17, 2017, 8:37 am
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Originally Posted by 28isGreat
It doesn't seem to mean anything specific -- yet. The legislation is not particularly prescriptive. It empowers and directs the CTA to create a regulatory framework, and empowers the minister to provide further directions to the CTA as the minister sees fit. (Loosely translated from legalese)

'Tis but the prologue, for a book yet to be written!
Agreed on the Bill. But this appears to be a statement on where he stands with regard to denied boarding. Sounds like he wants it to be voluntary only, which could have a significant impact on AC et al.

In any event, I wish he had just stood up a new office or agency to deal with travel issues (as was the case in the past). Right now...might as well ask Calin to create the regulatory framework.
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Old May 17, 2017, 8:52 am
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Originally Posted by yulred
Agreed on the Bill. But this appears to be a statement on where he stands with regard to denied boarding. Sounds like he wants it to be voluntary only, which could have a significant impact on AC et al.

In any event, I wish he had just stood up a new office or agency to deal with travel issues (as was the case in the past). Right now...might as well ask Calin to create the regulatory framework.
I've seen different representations of the same quote. One (I think incorrectly) implied that Garneau wanted IDB to never occur, but I think a more accurate reading was that he wants to ban passengers being removed from airplanes involuntarily for overbooking reasons. (Leaving latitude for safety reasons.)
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Old May 17, 2017, 10:05 am
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Originally Posted by 28isGreat
I've seen different representations of the same quote. One (I think incorrectly) implied that Garneau wanted IDB to never occur, but I think a more accurate reading was that he wants to ban passengers being removed from airplanes involuntarily for overbooking reasons. (Leaving latitude for safety reasons.)
To clarify, the way I read that it wasn't IDB per se BEFORE boarding but removing a passenger AFTER they were already aboard for overbooking reasons. Before boarding there would be prescriptive minimum amounts put in the reg's. Lack of clarity on what happens if not enough volunteers (airline ownership is forfeited to the passengers).
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Old May 17, 2017, 10:41 am
  #11  
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Originally Posted by yulred
"
He said there will be minimum levels of compensation for people who voluntarily agree to be bumped from a flight
Why?

This is dumb. If I want to take $20, why can't I do that?
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Old May 17, 2017, 11:00 am
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Originally Posted by jc94
"The airline is recognized as the only international network carrier in North America to receive a Four-Star ranking according to independent U.K. research firm Skytrax."
Except for the part where JetBlue has 39 international destinations....
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Old May 17, 2017, 12:30 pm
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Originally Posted by rankourabu
Except for the part where JetBlue has 39 international destinations....
Virgin America?

It's a completely misleading quote; there are a large number of options to fly internationally out (or into) NA on a four star carrier. Not only the obvious ones like LH and NZ but even BA's apparently on the list. Not sure they aren't owned by NA, but who cares.

And they make it sound like four star is as good as it gets. Which is only true for NA operated airlines.
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Old May 17, 2017, 1:41 pm
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Bill C-49 a.k.a. Pax Bill of Rights

Today the Government of Canada introduced Bill C-49 to the House. This bill has been widely reported in the media for introducing Canada's Passenger Bill of Rights.

In reality, the Bill is a deep revamp of the Canada Transportation Act and officially is being cited as the Transportation Modernization Act. It updates provisions for rail transport, includes an amendment to permit foreign ownership of CN Rail to rise to 25%, and changes how empty cargo containers can be repositioned by ships subject to CETA (Canada-EU trade agreement) receiving royal assent. Foreign ownership limits of a Canadian airline are raised to 49%. No single non-Canadian may own more than 25% though.

The Bill introduces a new section on air transport (section 53.7) which covers any air travel agreement "to, from or within Canada". I think this section is meant to cover so-called "airlines" who are merely resellers of seats such as New Leaf Air. Resellers may now come under review from the Ministry of Transport as well as the Competition Bureau. If the Ministry of Transport chooses to review the operations of resellers, then the responsibilities of the Minister are laid out with clear timelines. Contravening section 53.7 could lead to 5 years in jail, or a $10 million fine or both for every day that section 53.7 is contravened. This strikes me as quite a severe penalty. Someone must have really crossed a line for this section to carry such a penalty!

Section 67 of the Canada Transportation Act deals with tariffs. The Bill introduces section 67.4 which is interesting. If one person complains to the Canada Transport Agency (about a tariff), then CTA may at its discretion, apply the remedy to the person who complained and also "to some or to all passengers of the same flight as the complainant".

Section 86 of the Canada Transportation Act deals with classifying aircraft, air services, advertising etc. The Bill introduces section 86.11 Regulations — carrier’s obligations towards passengers. This is the Passenger Bill of Rights.

So finally - we get to the bit we're all interested in. And there's not much to see! The Bill directs the Canada Transportation Agency to "make regulations in relation to flights to, from and within Canada, including connecting flights". These regulations will:

- outline the carrier's obligation to pax in "language that is simple, clear and concise"
- establish min standards of treatment and min compensation for delays, cancellation or denial of boarding
- min compensation for lost / damaged luggage (I thought this was already covered in the Montreal Convention)
- establish carrier's obligation to seat parents with their kids (14 or younger) sans charge
- establish carrier's obligation for care of transportation of musical instruments
- establish carrier's obligation for tarmac delays exceeding 3h

The rest of the Bill deals with railway issues, coastal transport (seafaring ships), grain shipments as well as organizations such as the Canadian Transportation Accident Investigation and Safety Board.

So after all this, we're still not getting a Pax Bill of Rights. We're getting the framework through which a Pax Bill of Rights can be created (by the CTA). Personally I'm a bit disappointed, but I also understand that this is how things work in our country. So let's watch this bill work its way through the House and through the Senate, then let's see what the CTA comes up with for an actual Pax Bill of Rights.
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Old May 17, 2017, 2:04 pm
  #15  
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this just give more time for AC to lobby to make the new rules useless.
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