An Ontario Superior Court judge has invalidated a regulation that prohibits travelers from disclosing the results of complaints made to Canada’s transportation authority. The ruling, issued on Wednesday, determined that the regulations restricting the sharing of complaint outcomes, which cover issues such as accessible travel and flight compensation, infringe on Canadians’ Charter right to freedom of expression.
The Canadian Transportation Agency had imposed a confidentiality requirement on complaint resolution cases since 2023, preventing the public disclosure of complaint details unless both parties agreed to waive confidentiality. Major Canadian airlines, including Air Canada, WestJet, Air Transat, and Jazz Aviation, along with their industry association, had opposed the legal challenge.
They argued that disclosing complaint information could jeopardize commercial interests and privacy, and potentially compromise safety if employees were hesitant to report issues leading to passenger compensation. The court dismissed the airlines’ intervention request earlier this year.
In response to the court decision, Jeff Morrison, the CEO of the National Airlines Council of Canada, expressed disappointment at the airlines not being allowed to participate in the case, citing the importance of presenting a comprehensive evidentiary record to the court.
Justice Charles Hackland, in his written ruling, stated that there was no evidence supporting the necessity of the confidentiality requirement for the efficiency of the complaint adjudication process or the prevention of confidential information leakage, contrary to the government’s stance.
The transparency issue in complaint adjudication has been a subject of concern as the backlog of complaints before the Canadian Transportation Agency has neared 100,000 cases, according to statements from federal officials. To address this backlog, Transport Minister Steven MacKinnon announced plans to eliminate it through a new process involving a neutral third-party dispute resolution entity applying private sector expertise to resolve complaints promptly.
The government is also increasing the enforcement powers of the Canadian Transportation Agency by allowing fines of up to $1 million for systemic violations of the Air Passenger Protection Regulations. The move aims to enhance transparency and accountability in addressing air travel complaints and improving passenger rights protection.