Canadian airlines contest court action on handling of passenger complaints

Canada’s major airlines are pushing back against a legal challenge to rules that stop passengers from publicly sharing the results of complaints filed with the country’s transportation regulator.

In a court document filed last week, Air Canada, WestJet, Air Transat, Jazz Aviation, and the airline industry group that represents them, the National Airlines Council of Canada, asked to take part in the case, reports the Canadian Press. 

The case is about whether decisions made by the Canadian Transportation Agency (CTA) on passenger complaints should be made public.

Since 2023, both passengers and airlines have been required to keep complaint outcomes private unless both sides agree to share them.

These complaints can involve things like accessibility issues or refunds for cancelled flights.

The airlines say complaint records often contain sensitive information that could hurt their business or violate the privacy of passengers and employees if released.

They also argue that publicizing this information could affect safety, because workers might be less willing to report problems if they think it could lead to more compensation claims.

They warned that if internal safety discussions or reports become public, employees might stop speaking up, which could weaken safety reporting in the aviation industry.

A "gag order" 

In June, advocacy group Air Passenger Rights filed a constitutional lawsuit in Ontario’s Superior Court, arguing that Canadians should be allowed to see the decisions made by the transportation tribunal.

The group’s leader, Gabor Lukacs, says the confidentiality rules act like a “gag order” and unfairly limit people’s freedom of speech.

Advocates also say the secrecy rules also stop passengers from telling others what compensation or rights they might be entitled to.

“Nobody can talk about it, nobody can critique it, nobody can study it, nobody can point out inconsistencies,” Lukacs told CP.

Last year, consumer rights groups warned about a proposed policy change that would grant the transportation authority expanded authority to punish airline passengers who violate confidentiality rules.

In a January 2025 online post, the CTA proposed an amendment that would let it impose fines on travellers who disclose confidential information related to complaints they submit.

The agency has stated that the measure would introduce typical enforcement powers to an existing confidentiality requirement already passed by Parliament.

Under the Canada Transportation Act, fines for individuals are limited to $5,000, although the regulator can impose lower maximum penalties through its own rules.

Concerns about transparency in how complaints are handled come as the volume of cases keeps rising.

The CTA reported that its backlog had reached almost 89,000 complaints as of Jan. 4 — the highest level ever recorded.

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