Transport Committee on Jan. 12th, 2023

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

In a January 5 mea culpa, you wrote, “We also understand our obligations under Canada’s Air Passenger Protection Regulations and will ensure full compliance with these regulations.”

In your mind, what does “full compliance” mean? Does that mean that passengers who wish to access compensation can wait in line with 33,000 other Canadians for a year and a half?

[Len Corrado]

I don't understand the “wait in line”. We have a portal open through our website. We're processing those passenger claims for APPR and following the regulation. We have a time limit by which we have to settle those: to provide compensation or decide whether no compensation applies. I'm not going to get into adjudicating case-by-case here, because that wouldn't be fair to anybody, but we follow the regulation as prescribed.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Will Sunwing be proactively awarding compensation as per the terms of APPR?

[Len Corrado]

We will process claims through our APPR portal, through our website, as we normally have since the APPR began.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

I'm going to read you an email from January 2 to one of your passengers. This is going to sound awfully familiar to a lot of Canadian passengers, because frankly this is the kind of email that all the airlines have been sending out. It says, “We sincerely apologize for any disruption to your flight schedule. Please note the flight delays on November 2 and onwards were delayed due to an unforeseen operational restriction affecting our flight operations and it was out of the carrier's control. Your flight is not eligible for compensation or reimbursement for flight delay under Canada's air passenger protection regulations.”

This doesn't sound like you're ensuring full compliance and understanding your obligations. This sounds as though you're using the same loophole in the air passenger protection regulations and the Canada Transportation Act that all the other airlines have been using.

Can you explain how many people received an email like that, denying them compensation?

[Len Corrado]

I can't give you a number clearly, but if someone received that email it means that flight was adjudicated to be outside the carrier's control, whether that be due to weather or an airport facility or whether that be that an airplane could not operate for reasons prescribed for safety under the regulation.

Again, without knowing the specifics of the event, I can't comment, but clearly that flight's been adjudicated to be outside the carrier's control as prescribed by the regulations.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Mr. Corrado, if these situations were outside of your control, why did you apologize?

[Len Corrado]

The flight you quoted was November 2, and I've apologized for where we have failed to deliver to our expectations.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

No, it says November 2 and onwards.

[The Chair, Liberal, Peter Schiefke]

Thank you, Mr. Corrado and Mr. Bachrach. You can continue that line of questioning in your next round.

Next, we have Dr. Lewis. The floor is yours for five minutes.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

Thank you.

I just want to thank all of the executives here today for coming and answering questions. As you know, this last travel season was very tumultuous, and many people were anticipating travelling and meeting with their families. There are a lot of unanswered questions, and I'm happy that we're here to discuss this today.

My question is for all of the airline executives, but specifically I'd like to start with Mr. Corrado of Sunwing Airlines.

Mr. Corrado, how many complaints were filed as a result of this last holiday travel season?

[Len Corrado]

We're still receiving complaints.

I don't have a number to give you, but I'd be happy to provide one after the hearing today.

[Andrew Dawson]

I'm sorry, I was going to interject for Mr. Corrado.

I can tell you the current number we've received is 7,000.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

Would you be able to tell me whether those are largely compensation-related?

[Andrew Dawson]

They are a mix of many factors. They are for compensation, for extra expenses incurred, and for refunds in cases where passengers chose to travel home at their own expense where they were able to. There's a real mix.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

Would you say that the flight disruption situation that occurred over the holiday season has been resolved now?

[Andrew Dawson]

That situation was fully resolved by the airline shortly after Christmas, yes.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

You testified that you heard from Mr. Alghabra around December 27.

Is that correct?

[Andrew Dawson]

I'm sorry, Dr. Lewis. I'll have to hand it back over to Mr. Corrado because that's an airline conversation.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

Thank you.

[Len Corrado]

We reached out to the minister's office from the 28th onwards and we had a meeting with him last week to review the overall operation. As I previously stated, we began reporting to CTA as of the 26th as to the status of our operation and to the Transport Canada policy department getting updates at the same time.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

I understand that the matter was resolved shortly after Christmas, so you met with him around the time that the matter was resolved. That was the first conversation that you had with him. Is that correct?

[Len Corrado]

I believe the first conversation was on January 5.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

The first conversation was on January 5?

[Len Corrado]

Directly with the minister it was on January 5, yes.