Air Canada, Porter Airlines and 16 other complainants argue that the four-year-old Canadian Passenger Bill of Rights violates global standards and should be scrapped for international flights.

The lawsuit, initiated in 2019, alleges that the provisions go beyond the Canadian Transportation Agency’s powers and violate the Montreal Convention by mandating higher compensation requirements in the event of a flight cancellation or lost baggage.

In December, the federal appeals court dismissed the airlines’ lawsuit, except for a settlement relating to the temporary loss of luggage.

According to the Canadian Transportation Agency and the Attorney General, there is no conflict between passenger protection and the Montreal Convention, a multilateral treaty.

Federal regulations require passengers to be compensated up to $2,400 if they are denied boarding due to overbooking, while delays and other payments related to canceled flights warrant up to $1,000 in compensation. Travelers can be reimbursed up to approximately US$2,350 for lost or damaged luggage, although the exact amount varies depending on the exchange rate.

According to Gabor Lukacs, the air passenger rights attorney who intervened in the case before the federal appeals court, the government could soften the airlines’ arguments by passing legislation that stipulates that the regulations are enforceable and payable independently of the provisions of the Montreal Convention .

The government has not taken this step but continues to adjust the rules, which first came into effect in 2019. Earlier in the year, it changed laws to close some loopholes when airlines didn’t have to pay compensation, while running a leaner complaints resolution system with the aim of clearing the backlog of more than 50,000 complaints.

Mr Lukacs believes the government is not pushing hard enough to enforce the law for now.

“There is still no meaningful law enforcement, which is an integral part of the problem. »

He fears the airlines will use the Supreme Court’s prosecution as an excuse to delay or not pay compensation.

“I would have been much happier if the application had been denied because that would have ended this saga. »

The International Air Transport Association, the main party to the appeal, said it has not commented on the appeal as the case is pending in court.

Porter Airlines spokesman Brad Cicero said in a statement that while the airline agrees with the general objectives of the regulations, it is helping the other parties in the lawsuit to clarify what may conflict with contractual obligations related to international travel stand.

The Supreme Court reviews more than 600 requests for leave to appeal each year and grants about 80.

Air Canada did not immediately respond to The Canadian Press.