As a potential strike by Air Canada flight attendants approaches, an air passenger rights advocate is urging travelers to be proactive about their rights. Gábor Lukács, president of the advocacy group Air Passenger Rights, emphasized that customers should not hesitate to assert their rights amid the uncertainty.
On Wednesday, the Air Canada Component of the Canadian Union of Public Employees (CUPE), representing 10,000 flight attendants, notified the airline of a possible strike. In response, Air Canada issued a lockout notice. A strike could commence as early as Saturday, with negotiations stalled over wages and working conditions.
The looming strike has already prompted Air Canada to begin canceling flights. The airline announced a complete halt to operations for Air Canada and Air Canada Rouge starting August 16. As the weekend approaches, Lukács advised travelers to document all interactions with the airline. "Keep all documents, keep recordings, audio, video," he said. "And don’t be a pushover."
According to the Canadian Transportation Agency (CTA), airlines are required to ensure that passengers whose flights are disrupted complete their journeys, either on the original flight or through alternate arrangements. The Air Passenger Protection Regulations (APPR) stipulate that if an airline cannot rebook a passenger on its own flights, it must arrange travel on a competitor.
Lukács cautioned passengers against accepting full refunds from the airline. "If you take a refund, then it can be viewed as you waive your right to alternate transportation," he explained. He noted two types of cancellations: preemptive and reactive. Preemptive cancellations are occurring now, while reactive cancellations may follow if a strike occurs.
He described preemptive cancellations as business decisions by the airline, stating, "They don’t want to park the aircraft abroad or don’t want to fly it back empty. That’s within the carrier’s control, so the airline owes passengers meals, accommodation, lump sum compensation, up to $1,000, and they owe passengers, most importantly, rebooking, including on competitor airlines."
The CTA clarified that it is the airline's responsibility to prove that a flight disruption was due to a labor dispute and thus out of its control. Lukács reported that some customers have received cancellation notices without being rebooked on alternative flights. He noted that passengers were informed by Air Canada that no flights were available on other airlines, despite evidence suggesting otherwise.
He advised passengers to consider purchasing tickets on competitor airlines and submitting the expenses to Air Canada. "If you really don’t have money, I would still not take the refund," he added.
For travelers with international itineraries, such as those flying from Vancouver to Toronto to Paris, the airline may be liable for expenses incurred due to delays, including meals and accommodation. Even if a strike occurs, which is considered beyond Air Canada's control, the airline is still obligated to provide alternate transportation.
The CTA stated it would monitor the situation closely and take necessary actions. It recommends that travelers with potentially affected trips contact the airline to confirm travel plans and prepare accordingly. Additionally, travelers should check the airline's website regularly and verify if their travel insurance covers disruptions caused by labor disputes.
"If your travel dates are flexible, you may wish to consider contacting the airline to ask if it will reschedule your trip," the CTA advised. "Although airlines are not obligated to do so, sometimes, in advance of potential labor disruptions, they will waive fees related to rebooking or cancellation."