President’s Message Karen Huestis CSA President In July, aviation analytics company Cirium reported that fewer than 52% of Air Canada’s 36,017 flights in June arrived on time. The Canadian Transportation Agency has proposed a new set of regulations regarding air travel compensation that aims to close loopholes which have enabled airlines to avoid compensating customers who encounter flight delays and cancellations. The proposed amendments to the Air Passenger Protection Regulations outline the circumstances under which an airline would not be required to compensate customers, eliminating most “technical problems” as an acceptable excuse to deny compensation. The new rules will also permit travellers to claim a refund if the federal government raises the risk level of travel to a specific country, or if a delay prevents one from completing their trip within a “reasonable time.” Airlines will be required to provide compensation for inconvenience to travellers when there is a flight disruption unless there are “exceptional circumstances,” and airlines will have the burden to prove that the situation is an exceptional circumstance. Unfortunately, how these exceptions are to be defined remains unclear. Changes are also being proposed regarding what type of food and accommodation airlines would be required to offer if a flight is delayed or cancelled. The proposed changes would require airlines to provide this kind of assistance for any flight disruption, although those caused by “exceptional circumstances” would be limited to an undefined period of time. An attempt is also being made to improve the passenger complaint process. Currently, any passenger filing a complaint must enter into an informal dispute resolution process with the airline. If a mutually agreeable solution cannot be reached, the case then proceeds to a formal adjudication process which can take years. Under the new proposed regulations, a mediation stage must begin within 30 days of a complaint being filed. If an agreed-upon solution cannot be reached, a binding decision should be made within 60 days. Currently, the complaints backlog sits at more than 52,000 and requires an average of two years per case to complete. It appears that there is still a great deal of uncertainty concerning many of these new proposals and that the devil will be in the details. The government hopes to have the new regulatory regimen in place in time for the winter travel season. In July, Congresswoman Elise Stefanik (R-NY) and Congressman Greg Stanton (D-AZ) introduced the Canadian Snowbird Visa Act, bipartisan legislation to extend the amount of time for which Canadians 50 years of age and older can visit the United States by two months. Current law limits the amount of time a Canadian visitor may spend in the United States to six months less a day in any 12-month period. The Canadian Snowbird Visa Act will allow Canadian citizens aged 50 and older who either rent or own a residence in the United States to remain in the country for up to 240 days each year. The bill prohibits these individuals from working for United States employers or seeking public assistance while in the United States and clarifies that they will retain their non-resident tax status. In February, U.S. Senator Marco Rubio (R-FL) reintroduced the Canadian Snowbirds Act of 2023, S. 387 in the United States Senate. This bill was co-sponsored by Senators Rick Scott (R-FL), Kyrsten Sinema (I-AZ), and Mark Kelly (D-AZ). As always, we will continue to work on passage of the Canadian Retiree Visa and provide members with updates as soon as new information becomes available. As a reminder, after a lengthy pandemic-induced hiatus, we are resuming our traditional round of Fall Lifestyle Presentations. In September, we will begin our tour in Alberta with stops in Calgary and Sherwood Park before heading to Kelowna, British Columbia. We will then proceed east to Ontario for shows in Nepean, Port Hope, Oakville, Markham and St. Catharines. We will conclude our fall tour in the Maritimes with shows in Halifax, Nova Scotia, Summerside, Prince Edward Island and Moncton, New Brunswick. As always, you’ll be treated to another great evening of first-class musical and comedy entertainment. It’s also a great opportunity to learn the latest about what your association and our friends at Medipac are doing on your behalf. Admission is free and please feel free to bring your friends. On behalf of Bill and myself, safe travels and, hopefully, we’ll have a chance to meet at one of our upcoming events. 10 | www.snowbirds.org
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