MONTREAL — Passenger rights advocates are raising alarm bells about a proposed change that would give the country's transport watchdog new powers to penalize air travellers for breaching confidentiality rules.
In an online post last month, the Canadian Transportation Agency put forward an amendment that would allow it to fine airline customers who break confidentiality on complaints they file with the regulator.
Under the current complaint resolution process, customers and airlines are barred from publicly disclosing the outcome of complaints on matters ranging from accessible travel to refunds and compensation for a cancelled flight — unless both parties agree to waive confidentiality.
Gabor Lukacs, president of the Air Passenger Rights advocacy group, said the would-be regulatory change adds teeth to an existing "gag order" and discourages passengers from spreading the word on what their fellow travellers could be owed.
“Even if the fine was under $50, the very idea that people could be fined for exercising their freedom of expression is appalling,” he said.
“What is truly exceptional is that an agency would attempt to regulate anybody who is outside the transportation sector.”
The CTA said the rule would merely add standard enforcement powers to a confidentiality provision that was legislated by Parliament.
It also said the move does not mean the regulator plans to flex its authority in this area, or that many complainants are discussing their case in breach of the law.
"The updates through this designation exercise are not the result of the observation of any systemic issue, and do not signal the CTA’s intent to use these authorities for the purpose of enforcing confidentiality, either with airlines or passengers, or that any penalties will be applied automatically," said spokesman Jadrino Huot in an email.
Complainants can talk publicly about their travel experience, he noted. But the complaint resolution process, including all documents and information submitted as well as the decision, "cannot be made public."
The transportation agency did not lay out the fine amounts in its email. The Canada Transportation Act caps penalties against individuals at $5,000, but the agency can set lower ceilings in its regulations.
Fines against people — rather than corporations, and usually applicable to individuals who work in transport — may come after a cautionary notice from the watchdog. They range beyond $1,000 only in the case of multiple breaches, according to the agency's current monetary penalties scheme.
Legal researcher John Lawford expressed concern over the silencing effect of the confidentiality provision as well as the newly proposed penalties around it.
"They're going to be floored by this," he said of travellers, adding that fewer may turn to the complaints process as a result.
"I think it's unfair, and it will discourage people from using it."
Comparable processes like those at the Commission for Complaints for Telecom-television Services, a telecoms watchdog, have no confidentiality requirements, he said.
"It just doesn't seem right, having the government go after people who are just trying to get their money back."
However, key information about each complaint is posted on the agency's website. That includes the relevant flight number, date of departure, whether the flight interruption or denial of boarding was outside the carrier's control and if it had to issue a refund or compensation.
The proposed penalty comes alongside several amendments drafted by the transportation agency, including the ability to fine airlines if they fail to live up to their contract with customers.
The update flows of out an ongoing overhaul to the country's passenger rights charter spurred by scenes of airport chaos, long security lines and overflowing baggage halls in 2022 during a surge in air travel after COVID-related shutdowns.
Liberal legislation in 2023 sought to toughen airline obligations to compensate passengers for delays and cancellations caused by reasons within their control. It also aimed to establish a more streamlined complaints resolution system.
Despite that new process, the complaints backlog at the country’s transport regulator continues to mount, standing at 85,225 as of this week.
This report by The Canadian Press was first published Feb. 28, 2025.
Christopher Reynolds, The Canadian Press
