Canada’s transportation regulator says it doesn’t have a timeline for releasing updates to its air passenger rights document, despite ending consultations on proposed changes more than a year ago.

The Canadian Transportation Agency (CTA) – the quasi-judicial tribunal and regulator tasked with enforcing air passenger rights and compensation rules, known informally as the air passenger bill of rights – proposed an updated set of regulations in July 2023 and subsequently consulted on them.

The agency published the results of those consultations last November, but has yet to release a final draft of the proposed regulations.

“We are considering these comments as we develop proposed regulations,” a CTA spokesperson told CBC News in an email last month.

When asked when a final version would come, the spokesperson said “there is no timeline.”

Air passenger protection regulations require airlines to compensate passengers for delays or cancellations within their control.

But since the regulations went into effect in 2019, the CTA has faced a backlog of complaints from passengers who have accused the airlines of unfairly denying them compensation. The restrictions exploded as pandemic-era travel restrictions began to ease.

The Liberal government promised improvements to compensation rules as part of the 2023 federal budget. The CTA — an independent government organization — proposed that the new regulations would require airlines to compensate passengers for flight disruptions unless they can prove “circumstances exceptional” caused the delay or cancellation.

The exceptional circumstances proposed by the agency include weather-related issues, airport operational problems and “hidden manufacturing defects” of an aircraft.

Lawyer says agency needs to ‘move on’

Ian Jack, a spokesman for the not-for-profit travel agency Canadian Automobile Association, said the new regulations need to be rolled out as soon as possible so problems with the current system can be fixed.

“There are a lot of ways to try to fix this system. We have to get on with it,” he told CBC News.

Once the CTA publishes the draft regulations, it must receive responses from stakeholders before they are finalized and implemented. Jack warned the process could take “months, if not years”.

“If the government were to print these draft regulations tomorrow, we would still be some time before they come into force,” he said.

“We need to get something out to the public as soon as possible so we can continue to move toward potential improvements.”

Meanwhile, Canadian passengers will rely on current regulations that haven’t been very effective for them, Jack said.

The CTA said earlier this month that the number of air passenger complaints now stands at more than 80,000. While the agency said a new resolution process implemented last year allowed it to process complaints more quickly, it is still inundated with new complaints — an average of 890 a week over the past year.

“With the backlog of over 80,000 complaints at the moment, the system is clearly not as effective as it could be. It should be in everyone’s interest to try to make it more efficient,” Jack said.

Jeff Morrison, president of the National Airline Council of Canada, argued that the CTA should not rush the new regulations.

“Canadian airlines are doing everything they can to provide travelers with travel that is predictable and timely. Over the past two years, the industry has delivered an improved passenger experience and will continue to work with all stakeholders for further improvements,” Morrison said in a media statement.

“We encourage the CTA to take the time necessary to properly consult with affected stakeholders who will be adversely affected by the proposed regulations.”

Budget 2023 also proposed that airlines be charged a fee to cover the cost of processing a complaint when the company is found to have been at fault. The CTA recently concluded consultations on a proposed fee of $790 per claim.

Jack suggested that the levy should not prevent the development of regulations.

“Improving the system so it works better for consumers is what we’re striving for. How much, if anything, carriers have to pay for that system is a separate question,” he said.