The first change is incorporating in the Canada Transportation Act a clear definition of “denial of boarding” and “cancellation” that mirrors the European Union's definition. We often hear, for example, that a flight was not cancelled; it was just a schedule change. The airline refuses to pay compensation on that basis.
The next change is the removal of the “safety reasons” loophole. It would involve removing subparagraph 86.11(1)(b)(ii) and adding language to clarify that the delay, cancellation or denial of boarding for safety purposes is deemed to be within the carrier's control.
The third change that should be in the Canada Transportation Act is a clear presumption of liability for denied boarding, delay and cancellation that is presumed to have been in the carrier's control, as in the Montreal Convention. The burden of proof would be on the carrier to rebut, with evidence, that presumption.