The June 28 court application argues that the passenger bill of rights contravenes the Montreal Convention, a multilateral treaty, by setting compensation amounts based on the length of the flight delay and "irrespective of the actual damage suffered".
The first wave of air passenger rights takes effect Monday, which means you could be eligible for up to $2,400.
Also beginning today, all communications, including tickets, from an airline must contain clear information on passenger rights and how to claim them.
Other air passenger rights including compensation for long delays and cancellations, will come into effect on December 15, 2019. Large airlines - those that transport more than two million passengers annually - will have to pay $400 for delays between three and six hours, $700 for delays stretching to nine hours, and $1,000 for delays beyond that.
Under the new Air Passenger Protection Regulations, Canadian air passengers who experience travel disruptions that are within an airline's control, such as flight and tarmac delays, cancellations, and lost or damaged baggage will be compensated.
"Airlines understandably can not be held responsible for acts of sabotage or medical emergencies, yet there are other circumstances listed as outside of carriers' control in the air passenger protection regulations that raise serious questions, such as labour disruptions and manufacturing defects in an aircraft", said advocacy group Flight Claim Canada in a release.
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According to different estimates, up to 60 people could have been killed, including at least 19 children, and hundreds more were wounded.
Garneau told reporters that "complex software" systems to handle the new passenger compensation rules also necessitated the delay.
"The list is also non-exhaustive - a gap that airlines will use to their advantage to the detriment of air passengers".
Not surprisingly, just as airlines are arguing that the regulations go too far, air passenger rights groups say the regulations don't go far enough. He says fines against airlines for breaking existing rules have not, in the past, been collected, and there is no function in the new bill to ensure those fines are enforced.
Airlines are able to offer compensation at levels above what the government will now require and in situations other than the ones described above.
Then, the carrier must, within 30 days after the day on which it receives the request, provide the compensation or an explanation as to why compensation is not payable.
A new compensation structure takes effect for any passenger whose flight is delayed or cancelled. If a passenger chooses non-cash compensation, the value will have to be higher than the cash offer, and can never expire. Now they're not so quick to respond to those needs.