Letter Decision No. LET-A-30-2018
Sunwing Airlines Inc. (Sunwing) – Tarmac delays; flight delays; flight cancellations; and lost, damaged and delayed baggage.
The Canadian Transportation Agency (Agency) has received over 80 complaints from passengers in respect of 23 Sunwing flights to or from the Toronto Pearson International Airport (Toronto Airport) during the period between April 14 and 18, 2018. These complaints relate to tarmac delays, flight delays, flight cancellations and lost, damaged and delayed baggage.
It has been widely reported by media that hundreds of passengers on board Sunwing flights experienced lengthy tarmac delays at the Toronto Airport over the five days in question, and that passengers on board at least some of the affected aircraft were unable to disembark and were not served drinks or snacks. It was also reported that many Sunwing passengers experienced non-tarmac delays of flights to and from the Toronto Airport for periods as long as 29 hours, that a number of Sunwing flights were cancelled, that passengers had to wait for extended periods for their luggage, and that communication from the airline was limited.
MANDATE OF THE AGENCY
The Agency is responsible for ensuring that air carriers abide by the terms and conditions of their respective tariffs, as required by the Air Transportation Regulations, SOR/88-58, as amended (ATR):
110(4) Where a tariff is filed containing the date of publication and the effective date and is consistent with these Regulations and any orders of the Agency, the tolls and terms and conditions of carriage in the tariff shall, unless they are rejected, disallowed or suspended by the Agency or unless they are replaced by a new tariff, take effect on the date stated in the tariff, and the air carrier shall on and after that date charge the tolls and apply the terms and conditions of carriage specified in the tariff.
111 (1) All tolls and terms and conditions of carriage, including free and reduced rate transportation, that are established by an air carrier shall be just and reasonable and shall, under substantially similar circumstances and conditions and with respect to all traffic of the same description, be applied equally to all that traffic.
113.1 If an air carrier that offers an international service fails to apply the fares, rates, charges or terms and conditions of carriage set out in the tariff that applies to that service, the Agency may direct it to
- take the corrective measures that the Agency considers appropriate; and
- pay compensation for any expense incurred by a person adversely affected by its failure to apply the fares, rates, charges or terms and conditions set out in the tariff.
Furthermore, section 26 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) provides as follows:
The Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing under any Act of Parliament that is administered in whole or in part by the Agency.
INQUIRY
Given that the preliminary information available suggests that there may have been systemic issues affecting Sunwing's flights to and from the Toronto Airport between April 14 and 18, 2018, and to ensure that the large number of complaints received are dealt with as efficiently as possible, the Agency has decided to initiate, on its own motion, an inquiry regarding those Sunwing flights scheduled to be operated to or from the Toronto Airport between April 14 and 18, 2018, that have been the subject of passenger complaints submitted to the Agency.
The inquiry will consider whether Sunwing properly applied the terms and conditions of carriage set out in its scheduled and non-scheduled international tariffs, and whether those terms and conditions are reasonable, in respect of:
- flight delays;
- flight cancellations;
- tarmac delays; and,
- lost, damaged, and delayed baggage.
INQUIRY OFFICER
The Agency appoints Jean-Michel Gagnon, an employee of the Agency and a designated enforcement officer, as Inquiry Officer, pursuant to subsection 38(1) of the CTA.
The Inquiry Officer is directed to:
- conduct interviews and take written statements from individuals and organizations directly involved in, or affected by, the incidents;
- obtain any documents, records and information relevant to the inquiry;
- submit a summary report to the Agency; and,
- refrain from making public statements about the inquiry.
In conducting this work, Mr. Gagnon may exercise all of the powers described in section 39 of the CTA.
Individuals or organizations directly involved in, or affected by, the incidents should contact Mr. Gagnon at enquete-inquiry@otc-cta.gc.ca on or before May 31, 2018 in order that he may take their statements.
Complaints filed with the Agency regarding the flights covered by the inquiry will be addressed through the inquiry. Complaints regarding flights outside the scope of the inquiry will be handled through the Agency’s usual dispute resolution processes.
Member(s)
- Date modified: