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Canada has a bill of rights for air passengers. What about train riders?

Canada has a bill of rights for air passengers. What about train riders?

CBC
Friday, September 06, 2024 07:28:22 AM UTC

A 10-hour delay on a Via Rail train in Quebec over the long weekend is raising questions about rail passengers' rights in Canada — or the lack thereof.

Passengers on a train from Montreal to Quebec City were left stranded as they ran out of food, water and working toilets when their train broke down after experiencing two consecutive mechanical issues. Electricity and air conditioning were also shut down at times for repairs.

In an interview, Via Rail CEO Mario Péloquin apologized for "all the inconvenience that was caused" and said the company will provide a full refund to those affected.

But travellers say staff didn't handle the situation properly and that compensation for the 14-hour ordeal falls short of what they feel they are entitled to.

The situation is raising concerns about the rights of Canadian rail passengers during major delays. For some, it underscores the need to establish regulatory protections for these travellers, similar to those for air passengers.

Unlike air travellers, there are no passenger rights protecting rail travellers in Canada — meaning Via Rail customers whose trips are disrupted are entitled only to whatever compensation or assistance the company chooses to provide.

Meanwhile, since 2019, flyers have been protected under a set of rules, ofter referred to as the air passenger bill of rights. The regulations require airlines to meet certain standards of treatment and compensation, including timely updates on flight statuses and up to $1,000 for delays of nine hours or more within the airline's control. 

On its website, Via Rail says it offers a travel credit representing 50 per cent of the economy fare price in the case of a delay between one to four hours, and 100 per cent for a delay over four hours for rides along the Quebec-City-Windsor Corridor. There is a complex list of measures for exceptional circumstances.  

In the case of train 622 this past weekend, where stranded passengers were transferred to a different locomotive after 10 hours, the Crown corporation offered a cash refund equivalent to the price of passengers' one-way ticket. A travel credit for a future trip was also provided.

Passengers told CBC News the compensation they received is far too little for the inconvenience the delay caused them — including from missed cruise ships and birthday parties. But they say restricted access to basic necessities and inadequate communication from staff only compounded their frustration and disappointment.

These complaints have been voiced time and time — and time — again.

"People are getting really frustrated, and honestly, quite rightly so," said Terry Johnson, president of Transport Action Canada, a transportation advocacy group. 

He says anything mechanical occasionally has issues; the question is how rapidly and effectively can a company respond to them.

For tarmac delays, which most resemble the delays faced by Via Rail riders, Canada's Air Passenger Protection Regulations (APPR) stipulate that airlines must provide passengers with free food and drinks in reasonable amounts, access to functioning washrooms, proper ventilation and temperature control and, with some exceptions, the chance to disembark at the three-hour mark.

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