New Air Passenger Protection Regulations went into effect yesterday. The update comes as the Canadian Transport Agency tries to close a loophole that left some passengers unable to secure cash refunds after pandemic-related flight cancellations.

Some critics say the regulations still do not go far enough.

The federal transportation regulator in 2019 unveiled the original Air Passenger Protection Regulations, which outlined how airlines must communicate and reimburse or compensate travellers for everything from delayed flights to damaged luggage. There were exemptions, however, for delays and cancellations outside of the airline’s control such as major weather events – or a pandemic.

The updated guidelines are an attempt to close a loophole that left some passengers unable to secure cash refunds after pandemic-related flight delays and cancellations.

Airlines will now be required to issue a full refund for cancellations and delays if passengers are not placed on a new flight within 48 hours, including for reasons outside of the airline’s control.

Previously, the passenger rights regime only required refunds for flight disruptions that were within the airline’s control, which excluded situations ranging from weather to war to unscheduled mechanical issues.

As well as a cash refund, the ticket price may also be reimbursed through credit or vouchers and is to be paid in full by the airline within 30 days.

“Passengers have rights and they need to be respected,” said Transport Minister Omar Alghabra in a statement. “Our government was the one who put in place the Air Passenger Protection Regulations in 2019 to ensure their rights are safeguarded throughout their travel journey.”

The president and CEO of the National Airline Council of Canada said he is disappointed with the new regulations.

“For us, the real concern is that there is really a lack of accountability among the broader air transportation system and so these new regulations are really going to be punitive on just one actor in a much broader system,” Jeff Morrison said.

WestJet echoed Morrison’s concerns. The airline is “disappointed the changes do not reflect the shared responsibility that all parties involved have in the travel journey,” said Morgan Bell, manager of media and public relations.

Alghabra said that an additional $11 million in resources for the CTA has been added to the 2022 budget, given rising passenger numbers.

However, as Mosher begins to file her claim against Air Canada with small claims court, she is still not convinced the regulator will take significant action.

“Until the CTA has some teeth and can cause Air Canada to do what they’re required to do, changing the regulations to require them to do something isn’t going to make any difference,” says Mosher. “It’s just words.”