Increased rights and remedies for passengers travelling with Air Canada, WestJet and Air Transat

In 2012, the Agency issued five decisions that increased the rights and remedies of travellers when flights are overbooked, cancelled, delayed or rerouted. In these decisions, the Agency ordered changes to the airlines' tariffs to ensure they are reasonable.

A tariff is the contract between an airline and a passenger. As a neutral organization, the Agency has the role of ensuring that tariffs are reasonable. To do so, the Agency carefully balances the rights of passengers with the legal, commercial and operational obligations of airlines.

For international travel

In its decisions, the Agency decided that for international travel with Air Canada (250-C-A-2012), WestJet (249-C-A-2012) and Air Transat (248-C-A-2012), passengers can choose whether they prefer a refund or to be rebooked if a flight is delayed, overbooked or cancelled. In certain cases, airlines must consider rebooking passengers on the first available flight(s), including flights with non-partnered airlines. If the passenger chooses not to travel because of an overbooking or a cancellation of a flight, he or she will be entitled to a return flight home within a reasonable time, free of charge, and a full refund of the ticket price.

For domestic travel

For domestic travel with Air Canada (251-C-A-2012) and WestJet (252-C-A-2012), the Agency decided that in situations of overbooking, cancellation, or delay within the control of the airline, these airlines must apply the same rules domestically as they do for international travel. That means that passengers can choose whether they prefer a refund or to be rebooked if a flight is delayed, overbooked or cancelled. In certain cases, airlines must consider rebooking passengers on the first available flight(s), including flights with non-partnered airlines. If the passenger chooses not to travel because of an overbooking or a cancellation of a flight, he or she will be entitled to a return flight home within a reasonable time, free of charge, and a full refund of the ticket price.

By requiring that Air Canada and WestJet have consistent international and domestic tariff provisions, the Agency has ensured that consumers are protected while travelling with these airlines within, to and from Canada.