Canada’s major airlines are contesting a legal challenge that seeks to enhance transparency regarding passenger complaints lodged with the Canadian Transportation Agency (CTA). This development arises from a court filing made this week by Air Canada, WestJet, Air Transat, Jazz Aviation, and their industry representative body, who are aiming to intervene in a case concerning the public accessibility of CTA rulings.
Confidentiality Rules Under Fire
Since 2023, a complaint resolution process has been in place that prevents both consumers and airlines from publicly sharing the outcomes of complaints related to various issues, including accessible travel and compensation for flight cancellations. The only exception to this confidentiality is if both parties agree to disclose the information.
The airlines assert that the information exchanged during these complaint cases often includes sensitive data that could jeopardise their operational interests and pose privacy risks for both passengers and employees. They argue that the potential for public exposure may deter employees from reporting safety concerns, thereby undermining the aviation industry’s commitment to maintaining a robust safety culture.
The airlines’ court documents indicate that making internal safety communications public could create a “chilling effect,” discouraging employees from voicing issues that may lead to financial liabilities for the companies involved.
Advocacy Group Pushes for Change
In June, the advocacy group Air Passenger Rights filed a constitutional challenge in Ontario’s Superior Court of Justice. They contend that the confidentiality stipulations effectively function as a “gag order,” infringing upon Canadians’ freedom of expression. Gabor Lukacs, the group’s leader, argues that the inability to discuss or critique the agency’s decisions leads to a lack of accountability and transparency within the complaint resolution process.
“The airlines clearly don’t want their dirty laundry in the open,” Lukacs asserted, criticising the existing system as a “black box” that prevents meaningful discourse about complaints and resolutions.
Furthermore, he emphasised that these confidentiality rules not only inhibit passengers from sharing insights about their entitlements but also create a significant imbalance in the complaint process, as airlines can maintain their databases of decisions while passengers cannot freely communicate the same information.
Proposed Changes and Concerns
Last year, consumer rights advocates raised alarms about a proposed amendment that would empower the CTA to impose penalties on travellers who breach confidentiality regarding their complaints. This proposal, introduced in January 2025, would grant the agency the authority to fine individuals up to $5,000 for such breaches, although the agency retains the option to set lower penalties in its regulations.
While the CTA has stated that this amendment merely introduces standard enforcement powers to an existing legislative confidentiality provision, legal experts like John Lawford have voiced concerns. He argues that these measures could further silence passengers, discouraging them from utilising the complaint process altogether. Lawford points out that similar bodies, such as the Commission for Complaints for Telecom-television Services, operate without such confidentiality constraints.
As it stands, the complaint backlog at the CTA has reached alarming levels, with nearly 89,000 unresolved cases reported as of January 4, marking a record high.
Why it Matters
The ongoing battle over the transparency of passenger complaint rulings highlights a critical tension between airline operational secrecy and the public’s right to information. As consumer advocates push for greater accountability, the outcome of this legal challenge could reshape the landscape for air travel in Canada, impacting not only how complaints are handled but also influencing the broader discourse on consumer rights in the aviation industry. Increased transparency may empower passengers, fostering a more equitable environment where airlines are held accountable for their actions and where travellers can make informed decisions based on shared experiences.
